First check the default legal rules regarding money and property, then decide whether to make a written agreement

10. First check the default legal rules regarding money and property, then decide whether to make a written agreement

Cost: There is no cost involved. Simply read the relevant articles in the Civil Code regarding marital property. If needed, the couple can sign a written property agreement; the law only requires it to be in writing, no notarization is necessary. The real challenge is discussing money matters openly beforehand.

In plain terms: Without a written agreement, the law presumes that wages, bonuses, business profits, investment returns, inheritances, and gifts received after marriage belong to both spouses jointly. Only property owned before marriage, or items explicitly designated in a will or gift contract as belonging to one person, remain personal property. Couples may choose to agree in writing that certain assets stay separate; such an agreement becomes legally binding. A spouse who has devoted more time to raising children or caring for elderly relatives may request compensation during divorce proceedings.

Benefit: By default, all earnings from employment, business activities, intellectual property, as well as inheritances and gifts received after marriage are considered joint marital property (Article 1062). Personal property includes assets owned prior to marriage, compensation for personal injury, items earmarked for one spouse in a will or gift contract, and everyday personal items (Article 1063). Couples may stipulate in writing whether their pre‑marital and post‑marital assets remain separate, become joint, or are divided partially; this arrangement is legally enforceable (Article 1065). The spouse who has shouldered greater responsibilities in child‑rearing, elder care, or supporting the other partner’s career may seek compensation upon divorce (Article 1088).

Evidence grade: A

Sources: National People's Congress (2020). Civil Code of the People's Republic of China (effective from January 1, 2021, Articles 1062, 1063, 1065, 1088). National Laws and Regulations Database <https://flk.npc.gov.cn/detail?title=%E4%B8%AD%E5%8D%8E%E4%BA%BA%E6%B0%91%E5%85%B1 %E5%92%8C%E5%9B%BD%E6%B0%91%E6%B3%95%E5%85%B8&id=ff808081729d1efe01729d50b5c500bf>; The full text of the article is reproduced in the Supreme People's Court of China communiqué <http://gongbao.court.gov.cn/Details/7f184078694d811fb3314f6af9accf.html>

Notes: No official statistics exist for dowries, wedding expenses, or marital homes, so no figures are provided here. The amount of compensation under Article 1088 is first negotiated between the couple; if they cannot reach an agreement, a court will decide it based on relevant circumstances. A written property agreement benefits both parties: it protects high‑earners and also safeguards those who perform unpaid domestic duties.