[Direct answer]Yes. Article 1065 of the Civil Code of the People's Republic of China clearly stipulates that during the marriage, the couple may agree in writing that the property acquired during the marriage and the premarital property shall be owned by each party separately, jointly owned by both parties, or partly owned by each party and partly jointly owned. Such agreements shall be legally binding on both parties. After marriage, wages, bonuses, investment income, real estate, intellectual property income, etc. can all be included in the scope of the agreement; if there is no agreement or the agreement is unclear, the statutory joint property system shall apply. It should be noted that after agreeing on a separate property system, a party's debts to third parties shall only be paid off with the party's personal property if the third party is aware of the agreement. For more details, please refer to the Civil Code of the People's Republic of China.Divorce litigation and legal services for family disputesAndBeijing Henglue Law Firm.

I. Problem Background and Typical Scenarios

More and more couples want to clarify the "postmarital finances" before marriage: dual-income families hope to implement an AA system, with each spouse controlling their own income; one spouse may start a business while the other wants to isolate the risks of business debts; remarried families hope their respective children's property arrangements will not interfere with those of their ex-spouses; and one spouse's income may be much higher than the other's, who wants to stipulate the ownership of specific properties or investment returns. The main questions focus on three points: whether a prenuptial agreement can govern postmarital property, to what extent it can do so, and whether such agreements are useful to third parties such as banks. The answers are all written in Article 1065 of the Civil Code on the agreed property system, but there are many specific requirements in the actual provisions.

II. Key points of contention

  • Scope of the agreement: Generally, all types of income obtained after marriage can be agreed to be owned by either party, but the provisions must be specific. A general statement such as "all marital property shall belong to each party" may lead to disputes over interpretation due to differences in the scope of understanding (whether bonuses should be included, or whether income from equity transfers should be considered).
  • External Effects: The property agreement is valid within the couple, but generally cannot be invoked against uninformed creditors; the debt risk requires special disclosure arrangements and notification procedures, otherwise the agreement will not be able to resist debt collection.
  • Output: Registration and Implementation: If real estate, equity shares, etc. agreed to belong to one party are acquired or modified, they should be registered promptly to avoid inconsistencies with the public disclosure of property rights and to prevent the risk of unauthorized disposal or enforcement against them.

III. Professional analysis by Henglue Lawyers

There are three common forms of prenuptial agreements: 1. **Separate property system**: Each spouse retains ownership of assets acquired after marriage, suitable for families with highly independent finances who wish to maintain a completely separate financial arrangement. 2. **Partial joint ownership**: For example, stipulating that salaries remain separate after marriage, investment income is shared, or a specific property and its appreciation belong to one spouse. 3. **Specific property clauses**: Separately defining ownership of assets such as parental contributions to housing or premarital property acquired and replaced after marriage. When drafting the agreement, it is recommended to: - Specify property details including location, account numbers, and ownership percentages. - Cover future assets with clear rules, such as "the house purchased by a spouse's parents after marriage and registered under that spouse's name belongs to them." - Simultaneously stipulate how household expenses, mortgage payments, and child-related costs will be shared. - Clarify the ownership of appreciation and income to avoid disputes over "the house belongs to you, but who gets the profits?" - For property assigned to one spouse, timely register or transfer ownership after obtaining legal title. - For equity agreements, address corporate governance and shareholder-related issues.Business and contract dispute services for enterprisesCollaborative assessment; cross-border assets and complex property structures, which can be combined withSpecial services and other case servicesThe team discussed the tax and registration consequences.

IV. Practical suggestions and legal basis

At the legal basis level: Article 1065 of the Civil Code of the People's Republic of China (effective January 1, 2021) is the direct basis for the agreed property system: the agreement shall be in writing and legally binding on both parties; if the couple agrees that the property acquired during the marriage belongs to each of them respectively, the debts incurred by either spouse to a third party shall be paid off with their personal property if the third party is aware of the agreement. Article 143 stipulates the validity requirements of civil legal acts, namely, the party's legal capacity must be qualified, the expression of intention must be true, and the content of the agreement must be legal and not contrary to public order and good customs. Articles 1062 and 1063 constitute the basis for comparing the agreed property system with the statutory property system. At the practical advice level: the agreement must be signed in writing and accompanied by ownership certificates; the clauses should avoid vague expressions and define the scope with verifiable standards such as "the point of acquisition" and "the registration status"; the agreement should be implemented according to the provisions after marriage, and a written supplementary agreement should be signed in time for major changes; when borrowing large sums of money from others, the parties should actively disclose the content of the agreement in writing, keep the records of the creditor's receipt, and let the agreement truly play its role of isolation.

5. Henglu Law Firm's Reminder

The agreement on post-marital property is completely legal, but the key lies in "writing it clearly, keeping the receipts, and acting according to the agreement". A common misunderstanding is that signing an agreement is enough: if the agreement is disconnected from registration, implementation, or external disclosure, the effectiveness of the terms will be compromised. It is recommended to view the property agreement as a set of rules that need to be continuously maintained: if the property changes, the agreement should be supplemented; if there is an asset swap, the registration should be changed simultaneously; and if there is a loan or financing, it should be actively disclosed. The property agreement only solves the problems between the couple, and it can be combined with wills and insurance arrangements after death.Inheritance succession and family property division servicesOverall planning; if you need to draft or review an agreement, you can do so viaBeijing Henglue Law FirmMake an appointment for an interview evaluation.

Q1: Can a prenuptial agreement stipulate that the salary and bonuses earned after marriage belong to each spouse separately?

Yes. Article 1065 of the Civil Code allows the parties to agree that the property acquired during the marriage shall be owned by each party individually. Wages, bonuses, labor remuneration, and investment income are all included. It is recommended to clarify three points simultaneously: First, the time frame of "earned income" should be based on the point of acquisition to avoid confusion with the post-marital income of pre-marital property; Second, the method of sharing family expenses. If there is no matching spending clause in a pure AA agreement, it is easy to generate conflicts during the implementation; Third, the obligation to inform of debts under the separate property system. When one party borrows money externally, he/she should inform the other party and the creditor of this agreement in writing. Otherwise, he/she may still be required to bear joint liability.

Q2: Can we agree that the house bought after marriage will belong to one party alone?

Yes. For certain properties acquired after marriage, it is possible to stipulate that they belong to one party, for example, stipulating that "the house registered under the name of one party after being funded by their parents after marriage shall belong to that party individually". When drafting the agreement, it is recommended to clarify the source of funds, registration arrangements, and ownership of any appreciation in value. After obtaining ownership of the property, the registration should be processed in accordance with the agreement promptly to ensure that the property rights status aligns with the agreement. It should be noted that if only an agreement is stipulated but the registration is not modified, the property will still be registered under the names of both parties or the other party, and the risk of unauthorized disposal and enforcement will still exist. If a mortgage loan is involved, it is also necessary to confirm that the loan arrangements do not conflict with the agreement, and if necessary, communicate with the bank about the change of the mortgagor.

Q3: If we agree that "each party shall bear its own debts", can this protect us from creditors?

Not necessarily. According to Article 1065 of the Civil Code, if the couple agrees that the property acquired during the marriage belongs to each of them individually, the liabilities incurred by one party to a third party shall be discharged with his/her personal property only if the third party is aware of such agreement. If the creditor is unaware of this, he/she may still claim against both parties in accordance with the rules on joint debts. To make the agreement effective externally, the parties may disclose the content of the agreement in writing and keep the receipt records when borrowing money. In addition, Article 35 of the Judicial Interpretation of the Marriage and Family Code (I) clearly stipulates that the handling of debt sharing in a divorce agreement or document does not affect the creditor's claim; what can really block the debt is that the debt itself does not meet the conditions for identifying a joint debt.

Q4: What is the difference between a prenuptial agreement and a marital property agreement?

The main difference lies in the signing time and the basis of effectiveness: a prenuptial agreement is signed before the marriage registration and is premised on the two parties getting married. If the marriage registration is not completed, the purpose of the agreement will be frustrated, and the relevant property arrangements will generally not take effect; a marital agreement is signed during the continuation of the marriage relationship, and it will become binding after both parties sign it. There is no essential difference between the two in terms of the scope of the agreement and the requirements for its effectiveness. Written form and voluntary truthfulness are mandatory requirements. In practice, there is a common approach: first sign a framework agreement before marriage, and then sign supplementary agreements on new assets, house purchases and replacements, etc. after marriage, so that the agreement can always keep pace with the state of the property and avoid one-time clauses covering new situations.

Q5: If we agreed to keep our assets separate during our marriage, can we still demand compensation in the event of a divorce?

Yes. Article 1088 of the Civil Code stipulates that if one party undertakes more obligations such as raising children, caring for the elderly, assisting the other party in work, etc., they have the right to request compensation from the other party upon divorce. The specific measures shall be agreed upon by the parties, and if no agreement can be reached, the court shall make a judgment; the separate property system does not exclude this compensation. In addition, if one party's major fault leads to divorce, the innocent party may also claim damages according to Article 1091. Therefore, the "AA agreement" is not a get-out-of-trouble clause. Housework contributions, child-rearing investments, and fault circumstances will all affect the final outcome. It is recommended to include these factors in the claim and negotiation list during divorce consultations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, so as to avoid missing the statutory time limit. →Divorce litigation legal services·Beijing Henglu Law Firm