婚前协议
PRENUPTIAL AGREEMENT
协议双方：
BETWEEN:
姓名： Name：
身份证号(护照号)： ID number（Passport number）：
城市： of the city of
国籍： in the State of
和 AND
姓名： Name:
身份证号(护照号)： ID number（Passport number）：
城市： of the city of
国籍： in the State of
签约背景
BACKGROUND
1．本“婚前协议”由将要结为夫妻的 和 共同、自愿、协商而订立。
This Prenuptial Agreement is made between ______________ and______________
who are contemplating marriage each to the other;
2．双方计划本协议于他们的婚姻依中国的法律缔结后生效，包括《中华人民共和国婚姻法》及其现行可适用的中国法。
The parties intend for this Agreement to become effective upon their marriage pursuant to the laws of the China, including Marriage Law of the People’s Republic of China, or other applicable laws, adopted by the People’s Republic of China.
3．本协议双方希望对他们已经取得的和以后各自或共同取得的财产所有权归属及如何分配做出相应的约定。
The parties wish to enter into this agreement to provide for the status,ownership, and division of property between them, including future property owned or to be acquired by either or both of them;
4．双方希望以后任何一人或两人可能拥有的财产分配都将受到本协议条款的约束。
The parties desire that the distribution of any property that either or both of them may own will be governed by the terms of this Agreement；
5．协议各方均有权保留各自的律师并对本协议条款获得独立的法律意见。
Each party has had the opportunity to retain their own lawyer and receive independent legal advice regarding the terms of this Agreement;
6．协议双方已互相充分地披露了各自可能拥有的所有资产和负债，并自愿、明确的放弃超出披露范围之外的财产和财务状况的其他权利；
The parties have disclosed to their satisfaction all assets and liabilities that each may have and voluntarily and expressly waive any other rights to disclosure of the property or financial obligations of each other beyond the disclosure provided;
7．双方承诺在签字之前已经有合理的时间审阅本协议并且获得法律意见。
The parties acknowledge that they have been provided with a reasonable period of time to review this Agreement and obtain legal advice before signing;
8. 双方同意并确认：
Each party agrees and affirms the following:
（1） 双方自愿履行本协议；
THAT the parties did execute the Agreement voluntarily;
（2） 本协议没有不合理的地方；
THAT this Agreement was not unconscionable when it was executed;
（3） 履行本协议前双方均公平、合理的向对方披露了各自的财产和财务状况；
THAT both parties were provided prior to execution of the Agreement a fair and reasonable disclosure of the property or financial obligations of the other party; and
（4） 双方已经合理的、充分的了解了对方的财产及财务情况。
THAT he or she did have, or reasonably could have had, an adequate knowledge of the property or financial obligations of the other party.
因此，考虑到将要到来的婚姻，及在本协议中包含的承诺和约定，双方同意如下内容：
NOW THEREFORE in consideration of the upcoming marriage, and in consideration of the mutual promises and covenants contained in this Agreement, the parties agree as follows:
一、本协议签订时各自的财产，不论如何或何时取得的，将继续各自持有,
并且无论任何时候均由各自单独管理，本协议生效后仍各自保有所有权，另一方无权要求分割或其他方式享用。
The separate property owned by each party at the execution of this Agreement, however and whenever acquired, will be owned and managed solely by such party at all times and will remain the separate property of such party after the execution of this Agreement, with no claim by the other party upon separation or otherwise.
二、双方特此声明，在可能发生离婚，或一方死亡的情形时，双方尊重各自
对其所拥有的财产做出的决定，每人拥有的财产仍将作为个人财产对待和处理，除非存在共有的财产证明。
The parties hereby acknowledge that with respect to any determination of ownership of property that may occur in the event of the parties separating, or upon the death of a party, all property will be treated as separate property owned solely by one party unless there is proof of shared legal ownership.
三、除非某一个特别的财产有明确的文件注明为双方共有的，下列所有种类
的财产都不能作为共同财产对待：
Unless a particular piece of property is explicitly documented as being owned by both parties, the following types of property will not be deemed as shared property:
(1)本协议生效之日各自已取得的所有财产；
any property owned by a party at the date of execution of this Agreement;
(2)本协议生效之后各自取得的所有财产；
any property owned by a party after the date of execution of this Agreement;
(3)直接或间接地来源于对当前财产进行交换、销售等处置行为而获得的任
何财产。
any property acquired in exchange for present property, or from the proceeds of a sale of present property, whether direct or indirect, of a disposition of present property;
(4)本协议生效之前和生效后的任何收入或基于个人财产而产生的的收入；
any income or proceeds derived from property owned by a party before or after the execution of this Agreement;
(5)本协议生效之前或之后，在夫妻存续期间基于各自的财产而取得的收入；
any property acquired by either party with income received during their marriage from property owned by a party before or after the execution of this Agreement;
(6)本协议生效之前或之后，各自财产在婚姻期间的增值部分；
any increase in value during the period of marriage of any property owned by a party before or after the execution of this Agreement;
(7)一方赠与给另一方的财产；
any property acquired by a party by gift from the other party;
(8)一方获得的来源于第三方赠与的财产；
any property acquired by a party by gift from a third party;
(9)一方通过继承而取得的财产；
any property acquired by a party through an inheritance;
(10) 任何体育项目、游戏或抽奖而赢得的奖金；
any winnings from any sport, game or lottery;
(11) 任何来源于诉讼中的裁决或和解而取得的财产；
any award or settlement acquired from a lawsuit;
(12) 任何因保险而取得的收益；
any proceeds from an insurance policy;
(13) 本协议生效之前或之后的任何收入，包括工资、薪金所得；
any earnings, salary or wage, acquired before or after the execution of this Agreement;
(14) 本协议签订之前或之后的任何储蓄;
any savings acquired before or after the execution of this Agreement; and
(15) 任何来源于一方的流动或固定资产、股票、投资、退休金、商业活动、
保险、现金或医疗储蓄、津贴等收入所得。
any income from a party’s stocks, liquid or fixed assets, investments, retirement funds, business, insurance, cash or medical savings and allowances.
四、本协议项下双方共有的财产不论如何或何时取得的将在本协议生效后继
续由双方共同拥有和管理。
The shared property owned by both parties at the execution of this Agreement, however and whenever acquired, will be owned and managed by both parties at all times and will remain the property of both parties after the execution of this Agreement.
五、在离婚或一方死亡时，双方共同取得和持有的财产将被认为各自享有其
的净资产的百分之五十，不论各方最初和正在投入的比例多少，除非以书面形式确定其他方式。
In the event of the parties separating, or upon the death of a party, any jointly-acquired or jointly-held property will be deemed to be owned equally with each party entitled to fifty percent (50%) of the net equity of the property, regardless of the initial or ongoing proportion of each party's investment, unless the parties otherwise agree in writing.
六、双方决定婚姻期间设立“联名账户”作为将来子女的生活、教育、医疗
等费用支出。
The parties decided to set up a joint account during the marriage as the lives of their children, education, health care and other expenses in the future.
七、除非任何一方合理的出示他或她单独拥有某一财产，双方由个人财产混
合的而成的共有财产将被认定为共同财产。
Unless a party can reasonably show that he or she solely owns a piece of property, where either party commingles jointly owned property with separate property, any commingled property shall be presumed to be jointly-owned property of the parties.
八、双方确认各自的所有负债和债务同样各自独立，除非有书面的证明该负
债是属于双方的共同义务。
The parties acknowledge that all liabilities and debts of each party should also be separated, unless liabilities/debts documented both party as obligators.
九、本协议以英文和中文两种文字写就，如若两种文字在字义上产生抵触时，必须按照
中文含义做出判断。
This agreement is written both in English and Chinese, if there is conflict between two kinds of languages on the meaning of word, an eclectic judge should be made according to the meanings of Chinese.
十、本协议一式 份，各方各执 份
This agreement is in , each party holds .
签名:
Place of Sign:
日期(Date)： 日期(Date)：