I am not your attorney. The following is a jurisdiction-neutral prenuptial agreement template for general informational purposes and must be reviewed, customized, and finalized by qualified counsel in the governing jurisdiction before execution.
Prenuptial Agreement
This Prenuptial Agreement (the “Agreement”) is made as of [date], by and between Wang Yu (“Wang”) and Zhao Min (“Zhao,” and together with Wang, the “Parties”).
Recitals
A. The Parties contemplate a lawful marriage on or about [wedding date] (the “Marriage”), and they desire to define and determine their respective rights and obligations in property, income, debts, and support, both during the Marriage and upon the occurrence of separation, dissolution, annulment, death, or any other marital event.
B. Each Party acknowledges that: (i) this Agreement is executed voluntarily and free of duress, undue influence, fraud, mistake, or coercion; (ii) each has had a reasonable and sufficient opportunity to retain and consult independent legal counsel of their choice, and either has done so or knowingly and expressly waives such right; and (iii) each has made, prior to execution, a fair and reasonable disclosure of their property, income, and financial obligations, as reflected in Schedules A (Wang) and B (Zhao), and each waives any further disclosure to the extent permitted by law.
C. The Parties intend this Agreement to be valid and enforceable to the maximum extent permitted under applicable law, including generally recognized principles reflected in the Uniform Premarital Agreement Act and/or the Uniform Premarital and Marital Agreements Act, as enacted or applicable in the chosen governing jurisdiction, namely: voluntariness, fair and reasonable disclosure or informed waiver, and substantive fairness at execution and at enforcement to the extent required by law.
D. The Parties acknowledge that provisions affecting the rights of children, including custody, parenting time, and child support, are subject to the best-interests-of-the-child standard and the continuing jurisdiction of a court of competent authority, and that no provision herein shall impair such rights or the authority of such court.
Agreement
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Definitions
1.1 “Separate Property” means all property, assets, and income owned or controlled by a Party as of the Effective Date (as defined in Section 16), including the property described in that Party’s Schedule, together with all increases, appreciation, substitutions, proceeds, rents, dividends, interest, and income therefrom, whether acquired before or after the Marriage, and any property acquired thereafter in that Party’s sole name that is not expressly designated as Joint Property in a signed writing.
1.2 “Joint Property” means property expressly titled in the names of both Parties as joint tenants, tenants by the entirety, or tenants in common, or designated in a signed writing by both Parties as joint or marital property.
1.3 “Debts” means all liabilities, obligations, taxes, and indebtedness of any nature, whether contingent, liquidated, or unliquidated.
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Separate Property Regime
2.1 Confirmation. Each Party shall retain sole ownership, control, and disposition rights over his or her Separate Property, free and clear of any claim or marital interest by the other, except as expressly provided in this Agreement.
2.2 Earnings. Unless otherwise agreed in a signed writing, all earnings, income, bonuses, stock options or equity awards, carried interest, intellectual property and royalties, and any other remuneration earned by a Party after the Marriage shall be and remain that Party’s Separate Property, together with any assets acquired therewith, except to the extent explicitly transferred into Joint Property by written instrument.
2.3 Title Controls. Titling of an asset in one Party’s sole name creates a rebuttable presumption (intended by the Parties to be conclusive between them) that such asset is Separate Property. Titling in both names creates a presumption that the asset is Joint Property, shared in equal undivided interests unless otherwise stated in the instrument of title or a contemporaneous written agreement.
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Joint Property
3.1 Creation. Joint Property shall arise only upon: (a) joint titling in both Parties’ names; or (b) a signed writing executed by both Parties describing the property as Joint Property and their respective beneficial interests.
3.2 Disposition. Upon dissolution or legal separation, Joint Property shall be divided in accordance with title or, if a different beneficial interest is stated in writing, in accordance with such statement. If neither provides guidance, Joint Property shall be divided equally.
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Transmutation and Commingling
4.1 No Implied Transmutation. No gift, use, commingling, or management of property, nor deposit of Separate Property into an account, shall transmute Separate Property into Joint Property absent a signed writing that clearly manifests an intent to transmute.
4.2 Tracing. If Separate Property is commingled with marital or joint funds, the contributing Party may trace and recover the Separate Property portion to the extent reasonably possible.
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Debts
5.1 Pre-Marital Debts. Each Party shall be solely responsible for his or her Debts incurred prior to the Marriage and shall indemnify and hold harmless the other Party from such Debts.
5.2 Post-Marital Debts. Debts incurred by a Party after the Marriage shall be that Party’s sole responsibility unless jointly undertaken in writing. Jointly undertaken Debts shall be borne by both Parties in accordance with their written agreement; absent such agreement, equally.
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Business Interests and Professional Practices
6.1 Ownership. Any interest a Party holds in a business, partnership, professional practice, corporation, limited liability company, or similar enterprise, whether existing prior to or acquired after the Marriage in that Party’s sole name, shall be that Party’s Separate Property, including post-marital appreciation, goodwill (personal or enterprise), profits, and distributions, except as otherwise agreed in writing.
6.2 Reimbursement. If Joint Property or the other Party’s Separate Property makes a direct, provable contribution to the acquisition or principal reduction of a business interest that is a Party’s Separate Property, the contributing source shall be entitled to reimbursement of the amount of the contribution (but not to any share of appreciation), unless otherwise agreed in writing.
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Real Property and Marital Residence
7.1 Existing Real Property. Real property owned by either Party prior to the Marriage shall remain that Party’s Separate Property, including all increase in value, except as otherwise agreed in a signed writing.
7.2 Marital Residence. If the Parties acquire or designate a marital residence:
(a) Title. Ownership shall follow title. If jointly titled, it shall be presumed Joint Property with equal undivided interests unless a different percentage is specified in the deed or a contemporaneous signed writing.
(b) Occupancy on Separation. Pending final resolution of dissolution, the Parties agree to first attempt to mediate occupancy arrangements. If mediation fails, a court of competent jurisdiction may determine temporary occupancy without altering title.
(c) Reimbursement. Mortgage principal reduction or capital improvements funded from Joint Property shall entitle Joint Property to reimbursement from net equity before distribution, unless otherwise agreed.
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Spousal Support (Alimony/Maintenance)
Option A: Mutual Waiver (to the extent enforceable)
8.1 Each Party knowingly, voluntarily, and expressly waives any right to receive spousal support, maintenance, or alimony from the other upon separation or dissolution, to the maximum extent permitted by applicable law.
8.2 Savings Clause. If a tribunal of competent jurisdiction determines that a complete waiver would be unconscionable at the time of enforcement or otherwise unenforceable, the Parties agree that any support awarded shall be the minimum necessary to avoid unconscionability and shall not exceed [cap amount or formula] for a duration not to exceed [duration], absent extraordinary circumstances.
Option B: Predetermined Support
8.3 In lieu of waiver, the Parties agree that, upon entry of a decree of dissolution after at least [X] years of marriage, the higher-earning Party shall pay support to the other in the amount of [amount/formula], for [duration], subject to termination upon the recipient’s remarriage or either Party’s death. This clause applies unless a court finds it unconscionable at enforcement.
Select either Option A or B; delete the other in the final executed version. Independent legal counsel is strongly recommended for any spousal support waiver or limitation.
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Estate, Probate, and Elective Share Rights
9.1 Waiver. To the fullest extent permitted by law, each Party waives, releases, and relinquishes any and all rights arising by reason of the Marriage in the Separate Property of the other at death, including any elective or forced share, dower, curtesy, homestead, community property claims, exempt property, and family allowances, except as otherwise provided in a will, trust, beneficiary designation, or a separate written instrument.
9.2 ERISA/Retirement Benefits. To the extent permitted by ERISA and other applicable law, each Party disclaims any interest in the other’s retirement benefits except as expressly provided in a post-marital spousal consent or a qualified domestic relations order. The Parties agree to execute any additional post-marital consents required to effectuate these waivers.
9.3 No Limitation on Testamentary Freedom. Nothing herein restricts either Party’s right to make testamentary or inter vivos gifts or to name the other as a beneficiary.
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Taxes
10.1 Filing Status. The Parties may elect any lawful filing status. Allocation of tax liabilities or refunds between the Parties shall follow the source of income and ownership of deductions/credits unless otherwise agreed in writing.
10.2 Indemnification. Each Party shall indemnify the other for any tax liabilities, penalties, and interest arising from that Party’s Separate Property income or deductions.
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Gifts Between the Parties
11.1 Any interspousal gift shall be the recipient’s Separate Property only if evidenced by a contemporaneous signed writing or if the item by its nature is personal and intended as a gift (e.g., jewelry), in which case the presumption is that it is the recipient’s Separate Property.
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Children
12.1 Non-Interference. Nothing in this Agreement shall affect child custody, parenting time, child support, or other rights or obligations regarding children, all of which remain subject to applicable law and the best interests of the child standard.
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Disclosure; Independent Counsel; Waiting Period
13.1 Disclosure. Each Party acknowledges receipt of fair and reasonable disclosure of the other’s property and financial obligations, as listed in the attached Schedules, and waives any right to further disclosure to the extent permitted by law.
13.2 Counsel. Each Party acknowledges that they have had the opportunity to consult independent counsel of their choosing. Counsel information (if any) is set forth in Schedule C. A Party who elects not to be represented does so knowingly and voluntarily.
13.3 Review Period. The Parties acknowledge that they received the final draft of this Agreement at least [X] days before execution and had adequate time for review and consultation.
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Enforcement; Remedies
14.1 Governing Law and Forum. This Agreement shall be governed by and construed in accordance with the laws of [governing state/country], without regard to its conflict-of-laws rules. Exclusive venue for any dispute shall lie in the courts of [forum], absent mandatory jurisdiction elsewhere.
14.2 Severability and Blue-Penciling. If any provision is held invalid or unenforceable, it shall be modified to the minimum extent necessary to render it enforceable, and the remainder shall continue in full force, provided the essential purpose of the Agreement is not frustrated.
14.3 Specific Performance. The Parties agree that monetary damages may be inadequate and that this Agreement may be specifically enforced.
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Amendments; Revocation; Integration
15.1 Amendments. This Agreement may be amended or revoked only by a written instrument signed by both Parties, executed with the same formality as this Agreement.
15.2 Entire Agreement. This Agreement, including Schedules, constitutes the entire understanding between the Parties regarding its subject matter and supersedes all prior or contemporaneous agreements, oral or written.
15.3 No Third-Party Beneficiaries. No person other than the Parties has rights under this Agreement.
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Effective Date; Execution Formalities
16.1 Effective Date. This Agreement shall become effective only upon solemnization of the Marriage. If the Marriage does not occur on or before [date], this Agreement shall be void ab initio.
16.2 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts and by electronic signatures, each of which shall be deemed an original and all of which together constitute one instrument.
16.3 Acknowledgments. Each Party acknowledges that they are proficient in English or have had this Agreement translated and explained to their satisfaction, and that they understand its terms and legal consequences.
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Alternative Dispute Resolution
17.1 Mediation. Before initiating litigation regarding this Agreement (other than to seek temporary relief), the Parties agree to attempt mediation in [location] with a mutually agreed mediator. Mediation costs shall be shared equally unless otherwise agreed or ordered.
17.2 Confidentiality. The Parties shall maintain the confidentiality of mediation communications to the extent permitted by law.
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No Adverse Inference from Drafting
18.1 The Agreement is the product of joint drafting and negotiation. No presumption or rule of strict construction shall be applied against either Party.
Signature Blocks
Wang Yu
Signature: __________________________
Name: Wang Yu
Date: _____________________________
Zhao Min
Signature: __________________________
Name: Zhao Min
Date: _____________________________
Notary Acknowledgment
State/Country of ____________
County/City of _____________
On this ____ day of ________, 20, before me, the undersigned notary public, personally appeared Wang Yu, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained.
Notary Public: ______________________
My commission expires: _____________
Seal: _____________________________
State/Country of ____________
County/City of _____________
On this ____ day of ________, 20, before me, the undersigned notary public, personally appeared Zhao Min, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained.
Notary Public: ______________________
My commission expires: _____________
Seal: _____________________________
Schedules (to be attached and initialed by both Parties on each page)
Schedule A – Wang’s Statement of Assets, Liabilities, and Income
- Assets: bank/brokerage accounts; retirement accounts; equity awards; business interests; real estate; personal property of material value; trusts/interests; claims/causes of action; digital assets.
- Liabilities: mortgages; loans; credit lines; tax liabilities; guarantees.
- Annual income and sources.
Schedule B – Zhao’s Statement of Assets, Liabilities, and Income
- Same categories as Schedule A.
Schedule C – Counsel Acknowledgments
- Wang’s counsel: name, firm, jurisdiction, acknowledgment of independent advice.
- Zhao’s counsel: name, firm, jurisdiction, acknowledgment of independent advice.
- If a Party waives counsel: a signed statement acknowledging the opportunity for counsel, voluntary waiver, and understanding of the Agreement.
Important jurisdictional notes for counsel finalization (for attorney review; not part of the executed Agreement)
- Spousal support waivers or limitations may require independent counsel, waiting periods, explicit warnings, or separate initials, and may be unenforceable if unconscionable at enforcement. Counsel should tailor Section 8 to the governing law.
- Execution formalities vary (e.g., notarization, witnesses, certified translations). Confirm and comply with local domestic relations statutes.
- Community property jurisdictions may require explicit community property waivers and transmutation language. Counsel should adapt Sections 2–4 and 9 accordingly.
- ERISA spousal survivor benefits typically require post-marital written consent; include a postnuptial confirmation after the wedding if retirement plan rights are implicated.
- Choice-of-law and forum-selection clauses may be limited by public policy and domicile at dissolution; counsel should confirm enforceability.
Next steps
- Please confirm governing law and forum (for example, [Province in PRC], [U.S. State], or another jurisdiction).
- Indicate whether you want a complete waiver of spousal support (Option A) or a predetermined formula (Option B), and provide any caps/durations.
- Provide asset, debt, and income disclosures for Schedules A and B.
- Confirm execution formalities (notary/witness/translation) required in your jurisdiction.
