Whether a marital agreement has legal effect depends on the situation:
1. The legal effect of a marital agreement is as follows:
(1) Agreement The content must be legal and protected by law;
(2) When both parties sign an agreement, it must be equal and voluntary;
(3) The agreement must be in writing , because it is a marital agreement, there must also be a legal and valid marriage relationship;
(4) The marital agreement signed by both parties must not harm the interests of a third party, society, or the country, etc. Husband and wife may agree that the property acquired during the marriage and the property before marriage shall be owned by each other or jointly, or may be partly owned by each other and partly jointly. The agreement between husband and wife regarding the property acquired during the marriage and the property before marriage shall be binding on both parties.
2. The circumstances under which a marital agreement is invalid are as follows:
(1) One party entering into the agreement harms national interests through fraud or coercion;
(2) ) Malicious collusion to harm the interests of the country, the collective or a third party;
(3) Concealing illegal purposes in legal forms;
(4) Harming the interests of the public ;
(5) Violation of mandatory provisions of laws and administrative regulations.
The content of the marital agreement is as follows:
1. As long as the marital agreement is the true expression of the intentions of both parties and the content is legal;
2. The marital agreement is Signed voluntarily by both parties;
3. There is no coercion or fraud;
4. The actor has the corresponding civil capacity;
5. Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.
1. The format of the marital agreement is as follows:
Party A: _______________________________
Party B: _________________________________________
ID card number: _______________________________
ID card number: ____________________________
Residence: ____________________________
Residence: _________________________________________
Both Party A and Party B voluntarily marry. In order to prevent possible future For property disputes, according to the "People's Republic of China and Civil Code" of the People's Republic of China, "husband and wife may agree that the property acquired during the marriage and the property before marriage shall be owned by each other, and the property shall be owned jointly or partly owned jointly by each other, or part jointly owned jointly." "Principle of "
The following agreement is made on the ownership of the property of both parties before and after marriage:
1. The property under each party's name before marriage is permanently owned by each party:
(1) Party A’s pre-marriage property: ___________________________________________________________________
(2) Party B’s pre-marriage property: ___________________________________________________________________
2. Income inherited or donated by Party A and Party B in their individual names after marriage The properties are owned by each individual.
3. The credits and debts in the names of Party A and Party B before marriage shall be enjoyed by each party and borne independently. Debts borne by Party A or Party B without the consent of the other party after marriage shall be borne by Party A or Party B. Property settlement has nothing to do with the other party.
4. Agreements involving the investment of a party's enterprise:
1. When the party investing in the enterprise needs financing and borrowing due to operating needs, if the investment equity is in the form
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① Capital contribution of a limited liability company;
② Shares in a joint-stock limited liability company;
③ Shares in collective enterprises or joint-stock enterprises;
④Individual company;
⑤ Capital contribution of a foreign-funded enterprise, then the debts are corporate debts and have nothing to do with the spouse;
2. If the investment equity is in the form
(1) Partnership shares of a partnership;
(2) Individual industrial and commercial households;
(3) Sole proprietorships, when the enterprise raises debts, one party shall notify His spouse, otherwise it will be regarded as his personal debt and shall be repaid by him personally.
5. Party A and Party B have no other property disputes.
6. Others_________________________________________________________.
1. Matters not covered in this agreement shall be resolved through separate negotiation between the two parties;
2. This agreement is made in ___ copies, and each party shall hold ______ copies. It will take effect from the date of signature;
3. This agreement can be notarized after negotiation by both parties. The notarization fees will be borne by both parties. An additional copy of the agreement will be added and submitted to the notary authority. The agreement will take effect from the date of notarization.
Party A: ____________________________
Party B: ____________________________
___________year___________month_______day___________year___________month_________ Day