Florida Prenup for Marriage in China or a Chinese Spouse: Property, Writing and Disclosure (2026)

By Nadia Pazos, Family Law Attorney, Pazos Law Group · Updated October 22, 2026

Pazos Law Group, a family law firm in Coral Gables, drafts and reviews Florida prenups for couples marrying in China or with a Chinese spouse, in English or Spanish. For a Chinese fiancé or fiancée planning marriage in China and a home in Florida, the property schedule deserves as much attention as the signature page. Identify what you own, what you owe and what the proposed agreement actually allocates.

China Civil Code Article 1065: Original Text

The National People's Congress source reproduces article 1065 in Chinese. The English explanation below is our translation, not an official English version. A lawyer licensed in China should assess its application to your property and circumstances.

第一千零六十五条 男女双方可以约定婚姻关系存续期间所得的财产以及婚前财产归各自所有、共同所有或者部分各自所有、部分共同所有。约定应当采用书面形式。没有约定或者约定不明确的，适用本法第一千零六十二条、第一千零六十三条的规定。 夫妻对婚姻关系存续期间所得的财产以及婚前财产的约定，对双方具有法律约束力。 夫妻对婚姻关系存续期间所得的财产约定归各自所有，夫或者妻一方对外所负的债务，相对人知道该约定的，以夫或者妻一方的个人财产清偿。

Article 1065 — our translation: The man and woman may agree that property acquired during the marriage and premarital property belongs separately to each, jointly to both, or partly separately and partly jointly. The agreement shall be in writing. If there is no agreement or the agreement is unclear, articles 1062 and 1063 of this Code apply.

Our translation, continued: The spouses' agreement about property acquired during the marriage and premarital property is legally binding on both parties. Where the spouses agree that property acquired during the marriage belongs separately to each, a debt incurred by either spouse to an outside party shall be repaid from that spouse's individual property if the other party knew of the agreement.

Source: National People’s Congress, Civil Code article 1065.

Turn Property Categories Into a Usable Schedule

Article 1065 distinguishes separate, joint and mixed arrangements. Before asking counsel to draft, describe the intended treatment of each category in ordinary language. For example, are savings held before marriage intended to remain separate? How do you want to address earnings accumulated while living in Florida? What records distinguish an existing asset from later contributions?

Prepare an inventory that connects each proposed term to supporting information: the named owner, location, account or property description, value date and related debt. Include digital assets if either person holds them, without placing passwords or private keys in the agreement. Describe any uncertainty in ownership or valuation instead of assigning an unexplained figure.

A single English label may not communicate the same property arrangement as its Chinese translation. Have counsel and the translator reconcile the descriptions against the actual records. If documents are unavailable, identify the gap and discuss it before execution rather than assuming the signature will resolve it.

Between Spouses Is Different From a Debt Owed to Someone Else

The last paragraph of article 1065 contains a knowledge condition: it refers to the outside party knowing the spouses' separate-property agreement. Do not turn that into a claim that every creditor is bound merely because the couple signed a document.

Give Chinese counsel the relevant loan documents and ask what the quoted rule means for that transaction, including what knowledge would have to be established. The supplied text does not specify a universal notice method. A private allocation of responsibility between spouses should not be described as proof that a lender released either borrower.

Florida Requirements: The Agreement and Its Limits

Section 61.079(3) states: A premarital agreement must be in writing and signed by both parties. The agreement becomes effective upon marriage under subsection (5). These Florida formalities do not settle another country's requirements.

Section 61.079(4) permits terms about property rights, management and disposition, spousal support, estate arrangements and the law governing construction of the agreement. Property may be addressed wherever acquired or located. The statute also says: The right of a child to support may not be adversely affected by a premarital agreement. A Florida choice-of-law clause does not promise acceptance in another jurisdiction.

Under § 61.079(7)(a), in the specified Florida family-law proceedings, the party resisting enforcement must prove involuntary execution; fraud, duress, coercion or overreaching; or unconscionability at execution together with all three disclosure conditions. Those conditions are lack of fair and reasonable financial disclosure, no voluntary express written waiver of further disclosure, and no adequate knowledge or reasonable ability to have that knowledge. The unconscionability ground requires that combination; the other grounds are separate.

Source: Fla. Stat. § 61.079(3), (4), (5), (7)(a).

Separate Lawyers and a Translation That Can Be Discussed

Each spouse should have independent counsel to assess the Florida draft from that person's perspective. Review by video can be arranged while the couple is in different countries. Allow each person to ask questions privately and to review revisions with their own lawyer.

For informed consent, arrange a translation of the agreement and material schedules when needed, with interpretation during meetings if appropriate. Confirm that translated property descriptions, amounts and proposed waivers correspond to the version being signed. Pazos Law Group's English or Spanish service does not imply Chinese-language service. Chinese-law advice belongs with a lawyer licensed there.

Signing Abroad and Florida Rights at Death

Signing in China requires a document-specific plan. Have counsel identify which agreement is being executed, the relevant formalities and whether witnesses or a notarial act are needed. Section 61.079(3) does not itself demand notarization. Do not assume a video review authorizes remote signing or that a particular notarial service is available. Confirm any provider and requirements separately; the firm is not offering to notarize documents in China.

Section 732.702(1) addresses specified surviving-spouse waivers, including elective-share and homestead rights. It requires a written waiver signed by the waiving party in the presence of two subscribing witnesses. Its witness requirement applies to Florida residents signing after the law's effective date. It separately recognizes a nonresident's agreement valid under the law where executed, irrespective of later Florida residence at death. Counsel must assess residency rather than infer it from travel, and notarization does not replace required witnesses.

Source: Fla. Stat. § 732.702(1).

Information to Assemble for the Two Reviews

• The intended legal marriage date in China and the expected move to Florida.
• Existing property agreements, together with complete translations where needed.
• An ownership and debt inventory that distinguishes existing assets from future acquisitions.
• Questions about the outside party's knowledge of a separate-property arrangement.
• The final draft, matching schedules, independent advice and the proposed signing location.

Frequently Asked Questions

Does article 1065 cover only property acquired after marriage?

No. Its first paragraph expressly addresses property acquired during marriage and premarital property. It also requires writing and refers unclear arrangements to other Code provisions. Chinese counsel should assess the proposed allocation; Florida counsel separately reviews the agreement under § 61.079.

Will translation alone make the agreement enforceable?

Translation helps each person understand the document but is not a guarantee. Florida § 61.079(7)(a) separately addresses voluntariness, improper pressure and the stated unconscionability/disclosure ground. Both the legal terms and the circumstances of signing need review; the Chinese property and third-party issues remain separate.

Pazos Law Group has one office, in Coral Gables, Florida. Pazos Law Group advises on Florida law only; questions about China law need a lawyer licensed there.

Primary Sources

• National People's Congress — Civil Code article 1065, Chinese text
• Fla. Stat. § 61.079 — premarital agreements
• Fla. Stat. § 732.702 — waiver of spousal rights

Related Reading

• Florida agreements involving more than one country
• Planning to sign before an overseas marriage
• Reviewing an agreement prepared outside Florida

Attorney advertising. General information, not legal advice.

The information on this page is for general informational purposes only and does not constitute legal advice, and it does not address the law of any state or country other than Florida except as expressly noted. Reading or sharing this content does not create an attorney-client relationship with Pazos Law Group. Florida law and the application of statutes change over time; please consult a licensed Florida attorney about your specific situation, and counsel licensed in any other state or country whose law may apply.