Planning ahead for a marriage with a German element
Because Germany already protects premarital assets by default, an agreement's real value is in settling the equalisation claim.
A couple plans to marry; one holds German property and business interests, and both will spend time in China.
Focus the agreement on the equalisation position, and state the governing law where enforcement is most likely to be needed.
The position in one paragraph
Because Germany already protects premarital assets by default, an agreement's real value is in settling the equalisation claim.
The German default already keeps premarital property separate, so an agreement that merely declares assets separate achieves little. The value is in addressing the equalisation claim, which is the part that would otherwise be calculated at the end and could be substantial.
A typical situation
A couple plans to marry; one holds German property and business interests, and both will spend time in China.
Drafting an agreement that restates the default rather than changing it. The agreement then adds cost without changing the outcome.
What distinguishes this from a purely domestic case
Under the accrued-gains system, each spouse keeps their own property and the equalisation is calculated at the end of the marriage — a fundamentally different starting point from the Chinese position.
On the China side, the connecting factor has to be established on the documents: A prenuptial or postnuptial agreement is enforceable in China where it complies with the formal requirements and is not used to evade obligations.
The practical sequence in a Germany-connected matter
- Decide which law should govern the agreement, given where the assets and the parties are
- Identify the assets each party brings in and those acquired during the marriage
- Consider whether a trust or corporate structure is appropriate, and who controls it
- Record the agreement in a form that will actually be recognised in each relevant jurisdiction
Certification is handled by the competent Land authority, so the state of issue matters as it does in the US.
How Germany documents are handled
Apostille from the competent Land authority or the Federal Office of Justice for federal documents.
Germany applies the Zugewinngemeinschaft (community of accrued gains) system, which functions very differently from Chinese community property.
Each spouse keeps their own property under the German default, and equalisation is calculated only at the end — the opposite logic to Chinese community property.
What has to be decided before filing
Focus the agreement on the equalisation position, and state the governing law where enforcement is most likely to be needed.
The boundary to plan around is this: An agreement that is valid in one country may not be recognised in another; the governing law and the enforcement jurisdiction both matter. Where value sits in Germany — typically property, company shares, bank accounts, Bauspar contracts — it is handled by agreement or by a separate route there, not by an order the Chinese court could enforce directly.
If your situation has a Germany element
Planning is far cheaper than litigating, particularly where assets are held in more than one country. Tell us where the assets are and we will outline what is worth structuring now.
Frequently asked questions
Free initial review of jurisdiction, documents and enforceability — before any cost is committed.