A mid-marriage property agreement rewrites the default from that day forward — it is not a secret prenup.
The Civil Code lets spouses agree in writing, during the marriage, that property is separate, community, or mixed. That is distinct from a prenup (before marriage) and from a divorce settlement (ending the marriage). Banks and housing bureaus may still want notary or extra proof before they honour it against third parties. Creditor-protection and sham-agreement attacks exist if the deal is used to hide assets. Use this to shift a default; use the divorce-settlement world when you are actually divorcing. Do not backdate.
4 questions before you choose the route.
This page identifies the right question and evidence. It does not determine the legal outcome on a reader’s facts.
Are you still married and staying married?
If divorcing, that is a settlement.
StatusIs it written and specific?
Which assets, from when.
FormThird parties?
Banks, buyers, creditors.
ThirdIs it a sham to freeze out a creditor or spouse?
Attack risk.
Good faithWorking rule: Map the regulated role before marketing or launch in China.
The signal ledger.
These facts move the question beyond a label and into a product, money-flow and control analysis.
Bring a compact evidence docket—not a pitch deck.
Give a compliance team or counsel the operating facts that reveal the perimeter.
Questions people ask before they build.
Short answers for orientation. The right result can change with the service model and current rules.
Can we sign one the week before filing for divorce?
You can try; expect scrutiny as a settlement in disguise. Timing is a fact.
Is this the same as a marital settlement agreement blog?
No. Settlement-on-divorce pieces stay on their URLs. This is the during-marriage Civil Code tool.
Primary authorities
Reviewed sources support orientation, not a fact-specific assessment.