The Notarization on Prenuptial Agreement in China Being Accepted Gradually

Prenuptial agreements, which are widely accepted in western countries, are still rarely paid attention to in China. But since the recent interpretation 1 of the Chinese Marriage Law triggered widespread debate within Chinese society, prenuptial agreements, especially those which relate to property, are gradually being adopted by a number of young Chinese couple.

Let's find out more with our reporter Liu Min.

 

The new legal explanation of the marriage law has provoked animated 2 discussion at all levels of Chinese society. Now, prenuptial agreements, previously 3 neglected by young Chinese couples, are gradually being accepted.

"It does no harm to process such an agreement or notarization before marriage on property issues."

"I think this is a good idea when necessary, so why not do it?"

Property purchased prior to a marriage is more likely to provoke disputes among separating couples. The new legal explanation of the marriage law says the property mainly belongs to the party who purchased the house prior to the marriage, or to the party who paid for the down payment. The addition of such clauses has aroused public concern and debate within Chinese society. Attorney Lu Fenggang, from Yue Cheng Law Firm, says prenuptial property notarization is very important when it comes to dividing the property during a divorce.

"For example, a man had a house under his name before his marriage, and he signed a prenuptial agreement with his girlfriend indicating that the house belongs to both of them, but he didn't process the agreement notarization. Then, when they divorce, the female indicates that the house belongs jointly 4 to both of them. The judge can grant that the female does have the right to split the property thanks to their prenuptial agreement, but due to a lack of legal notarization, the man can withdraw his decision of bestowal 5, and change his mind."

But what kind of property belongs to the category of premarital property, and what is premarital property notarization? Lawyer Lu Fenggang shares his insight on the issue.

"The full legal title of the notarization is the legal notarization on the prenuptial property agreement. According to the 19th clause of the revised marriage law, publicized in 2001, the couple can make an agreement on the properties they own before or in marriage. The agreement could define whether the property belongs to only one party, or both of them, or partially 6 to one party. Such an agreement does have some legal effect."

But such an agreement still needs a notarization in order to provide a stronger legal shield. However, most Chinese people have little knowledge about how to process the notarization. Deputy Director Chen Zhongjing from Beijing Fangyuan Notarization Bureau says the procedure is quite simple.

"The applicants 7 need to bring their ID cards, their residency record, the property's certificates, like the housing ownership certificates, along with their agreement. It only needs a very short period of time to process the notarization."

Many Chinese people believe that such an agreement or notarization would hurt both parties' feelings, but more and more young couples are now starting to change their minds. They feel that this method can protect both parties' interests and has nothing to do with the love between them. At present, the process of prenuptial property notarization in Beijing costs 400 yuan.

For CRI, I'm Liu Min.