A PRC prenup is a property agreement — it is not a California-style everything waiver.
Spouses-to-be may agree in writing that pre-marital and marital property stays separate, community, or some mix. Formality is written agreement; notarisation is common practice, not always a statutory must, but it helps proof. Child custody and support cannot be contracted away like property. Foreign prenups may need characterisation and public-policy review if a PRC court is asked to apply them. The long cross-border prenup guide stays on /prenup-cross-border-marriage-china — this wiki page is the domestic definition. Mid-marriage agreements are the related pages.
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.
Is it in writing and voluntary?
Pressure and oral deals fail.
FormDoes it only try to move property?
Children clauses are fragile.
ScopeWill a PRC court be the forum?
Foreign forms still need PRC characterisation.
ForumShould it be notarised?
Proof, banks, housing bureaus.
NotaryWorking 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.
Must a prenup be notarised?
The Civil Code emphasises written agreement. Notary is strongly used in practice for housing and proof.
Where is the long cross-border piece?
Prenup cross border marriage china. This page is the PRC definition.
Primary authorities
Reviewed sources support orientation, not a fact-specific assessment.