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Linyi Lawyer Qiang Lyu Reveals: Can a Prenuptial Agreement Avoid Debts?

Can a prenuptial agreement be used to avoid debts? In legal practice, debtors sometimes present a prenuptial agreement in court, claiming that the debt is unrelated to their spouse. According to the prenuptial agreement, the couple has agreed that during the marriage, the income earned by either spouse shall be the separate property of the spouse, not the community property of the marriage. However, if the creditor (the plaintiff) has no prior knowledge of such a prenuptial agreement, it cannot be enforced against the creditor. Therefore, if such a prenuptial agreement exists, it should be disclosed to the creditor as early as possible.

Contact – Qiang Lyu Attorney-at-Law (PRC)

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