By Elena Giannattasio, International Family Lawyer (New York & San Francisco), Multi-Jurisdictional Divorce, PLLC
China expressly recognizes prenuptial agreements. Article 19 of the 2001 Marriage Law allows spouses to determine whether premarital and marital property will be treated as separate, joint, or a combination of both. These agreements must be in writing and are binding on the parties.
If the parties agree, and the agreement is known to third parties, that marital property will be held separately, then debts incurred by one spouse during marriage must be satisfied from that spouse’s own separate property.
In 2003, the Supreme People’s Court expanded the scope of property that may be addressed in a prenuptial agreement, including investment income, housing allowances, insurance benefits, unemployment compensation, and intellectual property income. This provides wide latitude for couples seeking certainty and clarity within China’s evolving family-law system.
Our Global Practice Perspective
International family lawyer Elena Giannattasio advises globally mobile couples from her New York and San Francisco practice on how Chinese-law agreements intersect with U.S. and other legal systems, often coordinating with trusted local counsel in China.
Foreign Law Disclaimer, Multi-Jurisdictional Divorce, PLLC
This overview concerns foreign law. Elena Giannattasio, Esq. is not admitted to practice in China and does not advise on Chinese Law. All information is provided strictly for general educational purposes and is not legal advice.