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 interpretation¹ 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 animated² discussion at all levels of Chinese society. Now, prenuptial agreements, previously³ 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 jointly⁴ 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 bestowal⁵, 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 partially⁶ 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 applicants⁷ 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.

1 interpretation   

n.解释，说明，描述；艺术处理

参考例句：

• His statement admits of one interpretation only.他的话只有一种解释。
• Analysis and interpretation is a very personal thing.分析与说明是个很主观的事情。

2 animated   

adj.生气勃勃的，活跃的，愉快的

参考例句：

• His observations gave rise to an animated and lively discussion.他的言论引起了一场气氛热烈而活跃的讨论。
• We had an animated discussion over current events last evening.昨天晚上我们热烈地讨论时事。

3 previously   

adv.以前，先前（地）

参考例句：

• The bicycle tyre blew out at a previously damaged point.自行车胎在以前损坏过的地方又爆开了。
• Let me digress for a moment and explain what had happened previously.让我岔开一会儿，解释原先发生了什么。

4 jointly   

ad.联合地，共同地

参考例句：

• Tenants are jointly and severally liable for payment of the rent. 租金由承租人共同且分别承担。
• She owns the house jointly with her husband. 她和丈夫共同拥有这所房子。

5 bestowal   

赠与，给与； 贮存

参考例句：

• The years of ineffectual service count big in the bestowal of rewards. 几年徒劳无益的服务，在论功行赏时就大有关系。
• Just because of the bestowal and self-confidence, we become stronger and more courageous. 只因感恩与自信，让我们变得更加果敢与坚强。

6 partially   

adv.部分地，从某些方面讲

参考例句：

• The door was partially concealed by the drapes.门有一部分被门帘遮住了。
• The police managed to restore calm and the curfew was partially lifted.警方设法恢复了平静，宵禁部分解除。

7 applicants   

申请人，求职人( applicant的名词复数 )

参考例句：

• There were over 500 applicants for the job. 有500多人申请这份工作。
• He was impressed by the high calibre of applicants for the job. 求职人员出色的能力给他留下了深刻印象。