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李女士与德籍丈夫的婚前约定:一份协议守住百万家业

2025-08-13 分类: 来华法规 阅读约 13 分钟

跨国婚姻中,文化碰撞与法律差异常暗藏风险,而一份提前拟定的婚前财产协议,往往能成为化解纠纷的 “防火墙”。

In cross - border marriages, cultural collisions and legal differences often conceal risks. However, a prenuptial property agreement drawn up in advance can often serve as a "firewall" to resolve disputes.

李雯(化名)是深圳一家设计公司的创始人,事业有成的她在一次国际设计展上结识了德国工程师Dick。两人相恋一年后就决定结婚,此时李雯已拥有两套深圳房产(市值约 1200 万元)和一家估值 800 万元的公司股权,而 Dick 刚到中国工作,名下仅有少量存款。

Li Wen (a pseudonym) is the founder of a design company in Shenzhen. With a successful career, she met Dick, a German engineer, at an international design exhibition. After dating for one year, the two decided to get married. At this time, Li Wen already owned two properties in Shenzhen (with a market value of approximately 12 million yuan) and equity in a company valued at 8 million yuan, while Dick had just started working in China and only had a small amount of savings under his name.

“我不是不信任他,” 李雯在婚前咨询时坦言,“但这些财产是我十年打拼的成果,万一未来有变动,我希望能清清楚楚划分边界。” Dick 对此表示理解,他来自法律意识较强的家庭,认为婚前明确财产归属反而是对婚姻的尊重。

"I don't distrust him," Li Wen admitted during the prenuptial consultation. "But these properties are the result of my ten years of hard work. In case there are any changes in the future, I hope to clearly define the boundaries." Dick understood this. He came from a family with a strong sense of law and believed that clarifying the ownership of property before marriage was actually a sign of respect for marriage.

我们是如何介入的?
✅ 资产梳理:逐一核查李雯婚前房产的购买时间、资金来源,确认公司股权的取得节点,明确婚前财产范围
✅ 协议定制:根据中德两国法律差异,重点约定:婚前财产及其婚后增值部分归各自所有;婚后共同购置财产按出资比例划分;若一方因工作调动导致长期分居,共同财产处置需双方书面同意
✅ 双语认证:将协议翻译成德语并进行公证,确保在中德两国均具备法律效力
✅ 法律讲解:向 Dick 解释中国《民法典》中关于婚前财产的规定,消除其对 “协议是否影响婚姻诚意” 的顾虑
How did we get involved?
✅ Asset sorting: Check one by one the purchase time and source of funds of Li Wen's pre - marital real estate, confirm the acquisition nodes of company equity, and clarify the scope of pre - marital property.
✅ Agreement customization: In light of the legal differences between China and Germany, the following key points are stipulated: Pre - marital property and its post - marital appreciation shall belong to each party respectively; jointly purchased property during the marriage shall be divided according to the proportion of capital contribution; if one party's job transfer leads to long - term separation, the disposal of joint property requires the written consent of both parties.
✅ Bilingual Certification: Translate the agreement into German and notarize it to ensure it has legal effect in both China and Germany.
✅ Legal Explanation: Explain to Dick the provisions regarding pre - marital property in the Civil Code of China, and dispel his concerns about "whether the agreement affects the sincerity of marriage".

三年后的意外考验

Unexpected tests three years later

婚后第三年,Dick 因母公司调派需返回德国工作,两人协商后决定暂时分居。半年后,Dick 提出因长期异地无法维系婚姻,希望和平离婚。此时他已通过工作积累了部分存款,且两人婚后共同购买了一辆价值 60 万元的汽车。

In the third year of their marriage, Dick was required to return to Germany for work due to a transfer from the parent company. After negotiation, the two decided to live apart temporarily. Half a year later, Dick proposed that due to the long - distance relationship, the marriage could not be sustained, and he hoped for a peaceful divorce. By then, he had accumulated some savings through work, and the two had jointly purchased a car worth 600,000 yuan after marriage.

由于婚前协议对财产划分有清晰约定,双方几乎没有争议:李雯的婚前房产和公司股权未纳入分割范围;婚后存款按协议中 “各自收入归各自所有” 的条款处理;共同购买的汽车按出资比例(李雯 30%、Dick70%)折算后,由 Dick 向李雯支付 18 万元补偿款。

Due to the clear agreement on property division in the prenuptial agreement, there is almost no dispute between the two parties: Li Wen's pre - marital real estate and company equity are not included in the division scope; the post - marital deposits are handled in accordance with the clause "each person's income belongs to themselves" in the agreement; after the jointly purchased car is calculated according to the investment ratio (Li Wen 70%, Dick 30%), Li Wen will pay Dick a compensation of 180,000 yuan.

整个过程仅用两个月便完成离婚手续,双方在律师见证下签署离婚协议,避免了冗长的诉讼纠纷。

The entire divorce process was completed in just two months. The two parties signed the divorce agreement under the witness of a lawyer, avoiding lengthy litigation disputes.

我们可以为您做什么?
作为专注涉外服务的专业团队,我们提供:
📌 婚前 / 婚后财产协议定制(涵盖房产、股权、知识产权等各类资产)
📌 跨国婚姻法律风险评估(结合双方国籍国法律差异)
📌 协议公证与双语法务认证
📌 婚姻存续期间财产变动补充约定
📌 离婚时协议执行协助
What can we do for you?
As a professional team dedicated to foreign-related services, we offer:
📌 Pre - marriage/Post - marriage Property Agreement Customization (covering various assets such as real estate, equity, intellectual property, etc.)
📌 Legal Risk Assessment of Transnational Marriages (Combining the Legal Differences between the Two Countries of Nationality)
📌 Protocol notarization and bilingual legal authentication
📌 Supplementary Agreement on Changes in Property during the Marriage
📌 Assistance in the execution of the agreement during divorce
👩‍⚖️ 为什么选择中创侨智?
🌟 熟悉中国《民法典》及 20 + 国家婚姻财产法律体系
🌟 双语律师团队,精准规避翻译歧义导致的法律风险
🌟 提供婚姻全周期法律服务,从婚前规划到离婚处置无缝衔接
🌟 5 年 + 涉外婚姻服务经验,已为 30 组家庭拟定协议
👩‍⚖️ Why choose OTGEO?
🌟 Be familiar with the Civil Code of China and the legal systems of marriage and property in 20+ countries
🌟 Bilingual lawyer team, precisely avoiding legal risks caused by translation ambiguities
🌟 Provide legal services throughout the marriage cycle, with seamless connection from prenuptial planning to divorce settlement.
🌟With over 5 years of experience in cross - border marriage services, I have drafted agreements for 30 families.

婚前财产协议不是对婚姻的 “不信任”,而是用法律思维为爱情筑起的保护壳。在跨国婚姻中,它既能守护个人奋斗成果,更能让双方在清晰的规则下,专注于经营感情本身。

A prenuptial property agreement is not a sign of "distrust" in marriage, but a protective shell built for love with a legal mindset. In transnational marriages, it can not only safeguard the fruits of personal struggles, but also enable both parties to focus on managing their relationship itself under clear rules.

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