If it is a divorce agreement, it has legal effect; In the case of a property agreement, the decision is based on whether the agreement conflicts with the subsequent divorce agreement. China's marriage law stipulates that the husband and wife may agree that the property acquired during the marriage relationship and the pre-marital property shall be owned separately, jointly, or partly separately, partly jointly.
I. Does the marital agreement have legal effect
If it is a divorce agreement, it has legal effect, and if it is a property agreement, it depends on whether the agreement conflicts with the divorce agreement concluded later. China's marriage law stipulates that the husband and wife may agree that the property acquired during the marriage relationship and the pre-marital property shall be owned separately, jointly, or partly separately, partly jointly. The agreement shall be in writing. If there is no agreement or the agreement is not clear, the provisions of Article 17 and 18 of the Marriage Law shall apply.
2. Legal basis
Article 19 of Marriage Law of the People's Republic of China:
[Property Agreement between husband and wife] Husband and wife may agree that the property acquired during the duration of the marriage relationship and the property before marriage shall be owned separately, jointly or partly separately or partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is not clear, the provisions of Articles 17 and 18 of this Law shall apply.