The prenuptial property agreement may not be notarized.
According to the law, both men and women can agree on the property acquired during the marriage relationship, as well as the pre marital property. The prenuptial property agreement has legal effect without notarization, so notarization is not a necessary element of the prenuptial property agreement.
However, the notarized prenuptial property agreement is superior to the notarized prenuptial property agreement.
Legal basis
Article 1065 of the Civil Code of the People's Republic of China [Agreed property system between husband and wife] Both men and women may agree that the property acquired during the marriage relationship and the pre marital property shall belong to their own ownership, joint ownership, or part of their own ownership, part of their joint ownership. The agreement shall be in writing. In the absence of an agreement or unclear agreement, the provisions of Articles 1062 and 1063 of this Law shall apply.
The agreement made by the husband and wife on the property acquired during the marriage relationship and the pre marital property shall be legally binding on both parties.
The husband and wife agree that the property acquired during the marriage relationship shall belong to each other. If the other party is aware of the agreement, the personal property of the husband or wife shall be used to pay off the debts.
