Under Chinese Marriage Law, prenuptial property of the wife or the husband shall be the personal property of that party. However, during the term of marriage life, such prenuptial property may be used or consumed by the couple and when it comes to divorce, it becomes difficult to recognize such property and dispute may arise between the couple.
What is Notary for Prenuptial Agreement?
The content of Prenuptial Agreement mainly includes:-
1) The scope of prenuptial property of each party;
2) The scope of personal debt;
3) Other issues.
Notary for Prenuptial Agreement means the Notary Public Office examines the prenuptial agreement concluded by both parties and witness the signing.
When the notary can be happened?
Usually, the notary can be happened in the following situations:-
1) Both parties reach the prenuptial agreement before they get married and have the agreement notarized before the Notary Public Office;
2) After the marriage, both the wife and the husband reach agreement on their respective prenuptial property and have the agreement notarized before the Notary Public Office.
Such notary for prenuptial agreement is becoming popular in China in recent years. In these days, the divorce rate is much higher than before and without prenuptial agreement, dispute on property division can easily arise between the couple. I had many cases involving husband and wife fight fiercely in the court for the property. And from my experience, if one party is unable to provide evidence proving the disputed property is his/her prenuptial property, the court will easily regard such property as common property of the couple and have it divided half and half between the wife and the husband.
However, if there is a prenuptial agreement, the dispute on property can be dramatically reduced. The court can directly decide the belonging of property according to such agreement.
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