Generally speaking, some parties, worried about the uncertainty of future marriage, often sign a marriage guarantee before going through the legal marriage formalities to increase the stability coefficient of marriage. At this time, the marriage guarantee is meaningless and invalid in most cases, among which the agreed marriage loyalty clauses are mostly.
In marriage, there will inevitably be contradictions between husband and wife. In case of crisis, the preferred solution of both parties is private consultation to achieve the effect of marriage protection. And it is not uncommon to get back together. At this time, the marriage guarantee will stipulate the loyalty between husband and wife, family responsibilities, children's problems and punishment measures. The validity of this marriage relationship depends on the situation.
China's marriage law stipulates that both husband and wife can agree on the ownership of the property acquired during the marriage relationship and the property before marriage. From this point of view, not all the terms of "going out clean" agreed by one party in the marriage guarantee are prohibited by law. If this kind of guarantee is signed under the expression of true will, it can be regarded as an agreement between husband and wife on their property and should be protected by law.
Are the clauses such as "one party who betrays marriage shall not visit children and shall not be their parents" valid? The attitude of the law to this safeguard clause is very clear, and this agreement is invalid. Because the right to visit children and the relationship between children and divorced parents is an identity relationship, the parties concerned cannot agree to exclude the rights of the relevant parties.
In reality, quite a few parties think it is necessary to find a public judge, for example, to bring a lawsuit in court. Under the witness of the judge, the letter of guarantee written by one party will heal the psychological scars of the other party, and will also urge the other party to reflect on its own behavior, thus amicably resolving the marriage crisis. In this case, the engagement is mostly a written witness that one party gives the other party a chance to turn over a new leaf, and the judge will often actively mediate to promote reconciliation between the two parties. In this way, the parties are generally willing to accept it, and its legal effect is of course guaranteed under the witness of the judge.
The stability of marriage has an important influence on social stability and order. Marriage guarantee has certain positive significance for maintaining family stability. Generally speaking, the effectiveness of marriage protection is only available under the premise of not violating laws, regulations and policies. Marriage guarantee can properly resolve the contradiction between marriage and family and soothe social trauma.
How can a couple's letter of guarantee have legal effect _ Does the letter of guarantee have legal effect? Is it legally effective to go to France for free legal advice? When cheating occurs in marriage, it is generally adopted to write down a "guarantee" or sign an agreement to restrain the cheating party's behavior. But the so-called "clean going out" is not a legal term, and its definition is not clear.
Article 19 of China's Marriage Law stipulates that husband and wife can agree that the property acquired during the marriage relationship and the pre-marital property belong to themselves, all or part of them, and part of them. This agreement shall be regarded as a written agreement. The agreement between husband and wife on the property acquired during the marriage relationship and the property before marriage is binding on both parties. Therefore, this agreement is an internal agreement between husband and wife and cannot be used against a bona fide third party.
When a husband and wife sign a "guarantee" or an agreement, they shall be deemed to be in line with the true meaning of both parties, and the contents of the "guarantee" or agreement shall not violate the mandatory provisions of laws and regulations. For example, the Marriage Law stipulates that "after divorce, the party who does not directly raise the child has the right to visit the child, and the other party has the obligation to assist.
"If the guarantee or agreement signed by both parties deprives the other party of the right to visit their children, this clause cannot be protected by law.
1 Part II: Does the husband's letter of guarantee have legal effect [Case] After Huang Lin (female) and Li Qiu registered their marriage in May 2002, they sometimes had conflicts due to trivial matters in family life, and Li Qiu often punched and kicked Huang Lin easily. After repeated persuasion by relatives and friends, although Li Qiu repeatedly said that he had repented, he often forgot what had happened, and Huang Lin gradually lost confidence in Li Qiu.
In July 2008, after Li Qiu beat and scolded Huang Lin again, she saw Huang Lin file for divorce. In order to save the marriage, Li Qiu wrote a letter of guarantee to Huang Lin: "I promise not to hit Huang Lin in the future. Otherwise, once divorced, all the property of husband and wife will be owned by Huang Lin alone.
In August 2009, Li Qiu beat Huang Lin again after drinking, and Huang Lin angrily sued the court for divorce. At this point, Li Qiu has no objection to the divorce, but thinks that the letter of guarantee is written to save the marriage, which has no legal effect, and all the property of more than 200,000 yuan was given to Huang Lin, which is obviously unfair.
[Trial] The court held that the letter of guarantee was Li Qiu's true intention, which was in line with the agreement of the husband and wife on the ownership of the property obtained during the marriage relationship. It does not have any illegal acts such as fraud or coercion, nor does it harm the legitimate rights and interests of the state, the collective or others. It should have legal effect. Therefore, the judgment supports Huang Lin's claim that "all property of husband and wife is the same property".
[Opinion] The court ruled correctly.
Article 19 of the Marriage Law stipulates: "Husband and wife may agree that the property acquired during the marriage relationship and the pre-marital property shall be owned by themselves, * * * shall be owned in whole or in part, and * * * shall be owned in part. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of Articles 17 and 18 of this Law shall apply. The agreement between husband and wife on the property acquired during the marriage relationship and the pre-marital property is binding on both parties. " The key to this case is whether the guarantee belongs to the agreement of husband and wife on the ownership of property.
First of all, Huang Lin and Li Qiu meet the essential requirements of property ownership agreed by husband and wife. The essential elements of the marital property system include: (1) both parties must have legal marital status; (2) Both parties must have full capacity for civil conduct; (3) The agreement must be voluntary; (4) The contents of the agreement must be legal, and the agreement shall not be used to circumvent the law.
Obviously, Huang Lin and Li Qiu are husband and wife and have full capacity for civil conduct. At the beginning, both sides had no objection and did not violate the law, which was exactly the same as them.
Secondly, the guarantee should be regarded as the written form of the husband and wife's agreement on property. In view of the problem of written form, at present, China's laws do not stipulate or emphasize any format and method, which shows that written form can be eclectic. It can be a contract signed by both parties, or it can be a unilateral expression of acceptance by the other party.
At the same time, Huang Lin did not commit any fraud, coercion and other illegal acts against Li Qiushi, which led to Li Qiu's wrong opinions. Huang Lin is willing to accept Li Qiu's unilateral statement. In addition, there is no obvious unfairness in this case.
On the premise of freedom of marriage, based on Li Qiu's constant violence, Huang Lin's divorce is not an advantage. Judging from Li Qiu's full capacity for civil conduct and the situation at that time, there is no need to issue a letter of guarantee. Li Qiu doesn't have the problem of lack of experience, judgment or impatience, not to mention that Li Qiu wrote a letter of guarantee to maintain marriage, but Huang Lin didn't ask Li Qiu to do so. Chapter III: Analysis of the Legal Effect of Letter of Guarantee in Marriage During the marriage relationship, after the conflict between husband and wife, the husband and wife who are at fault, in order to make up for it, issue a letter of guarantee to each other on their own initiative or at the request of the innocent party and their close relatives. The contents of the letter of guarantee usually mainly involve such issues as whether the marital relationship between husband and wife is dissolved, the ownership of children's custody and the amount of maintenance, and how to divide and deal with the husband and wife's property. When the divorce agreement between the two parties fails, the innocent party often takes this as the basis and asks the court to make a judgment according to the contents of the guarantee. Therefore, how to determine the legal effect of marriage relationship is of great significance for dealing with divorce disputes fairly and protecting the legitimate rights and interests of the parties.
(1) The freedom of marriage includes the freedom of marriage and the freedom of divorce. Regarding the freedom of divorce, Articles 3 1 and 32 of the Marriage Law respectively make special provisions on divorce by agreement and divorce by litigation. Among them, except for accidental divorce, both husband and wife must register at the marriage registration office and get a divorce certificate before the relationship between husband and wife can be officially dissolved.
Therefore, even if the fault party of both husband and wife violates the promise in the marriage guarantee, but the two parties do not register for divorce at the marriage registry or fail to register for divorce, but file for divorce, the people's court can only find out the facts of the case according to the provisions of Article 32 of the Marriage Law, judge whether the two parties meet the legal divorce conditions and decide whether to allow divorce.
(II) Protection of Child Support Although the civil law adheres to the principle of autonomy of the will, the third paragraph of Article 36 of the Marriage Law also allows both husband and wife to solve the problem of child support after breastfeeding, but the "agreement" at this time has entered the litigation procedure, and the people's court should review the results of the agreement between the two parties ex officio. If the result of the agreement between husband and wife on child support is not conducive to the physical and mental health of the children and the protection of their legitimate rights and interests, the people's court may not grant it. For example, article 10 of 1993 "Several Specific Opinions of the Supreme Court on People's Courts Handling Child Support in Divorce Cases" stipulates that both parents can agree that their children will live with one of them, and the adoptive parents will bear all the expenses for child support. However, after verification, the raising ability of the raising party obviously cannot guarantee the expenses required by the children, which will affect the healthy growth of the children and will not be allowed. Therefore, the couple's guarantee on child support before litigation has no legal effect, and can only be used as a reference factor for the people's court to deal with child support.
(3) The guarantee on how to divide the property includes not only the guarantee made directly in the form of damages, but also the property agreement between husband and wife or the property division agreement conditional on divorce. The differences between the two are as follows: First, the conditions for entry into force are different. A property division agreement with divorce as the clause can only take effect after the husband and wife divorce.
20 1 1 Interpretation of Some Issues in the Marriage Law of the People's Republic of China (III) Article 14 stipulates that if a divorce agreement reached by the parties is registered or reached in the people's court, the divorce agreement is invalid, and if one party reneges in the divorce proceedings, the people's court shall consider that the property division agreement has no effect and treat the husband and wife separately according to the actual situation. However, the marital property agreement does not involve divorce and is not conditional on divorce. According to the second paragraph of Article 19 of the Marriage Law, the agreement between husband and wife on the property acquired during the marriage relationship and the property before marriage is binding on both parties.
Second, the subject matter of property is different.
The scope of marital property agreement can be both parties before marriage and during the marriage relationship, while the scope of property division agreement based on divorce can only be the common property of both spouses, and the personal property of one spouse should be excluded. If one party's personal property before marriage is involved, it can only be regarded as a gift from one party to the other. For this part of the pre-marital property, it should be handled according to the marital property agreement.
According to the Interpretation of Some Issues in the Marriage Law of the People's Republic of China 20 1 1 (3) According to the provisions of Articles 6 and 186 of the Contract Law, the donor may revoke the gift before the right to donate the property is transferred? . To sum up, whether the marriage relationship is dissolved and whether the children are raised in the marriage guarantee has no legal effect in the litigation divorce. As for the legal effect of the guarantee on how to divide the property, it is necessary to analyze whether it belongs to damage compensation, marital property agreement or property division agreement on the condition of divorce. Article 4 Does the guarantee written after cheating have legal effect? Does the guarantee written after the derailment have legal effect? Do you know why 520 can't be divided by 3? Because there is no room for a mistress in the world of love.
If your husband cheated after marriage, would you cry and commit suicide in front of "endless mistresses", or would you let him write a letter of guarantee? For example, promise not to commit crimes in the future, or leave home clean.
So, is such a guarantee legally binding? Three questions guarantee: One question: Is it legally binding? Article 4 of China's Marriage Law stipulates that husband and wife should be faithful to each other and respect each other; Article 19 stipulates that husband and wife may agree on the ownership of marital property or pre-marital property; Article 46 stipulates that if a divorce is caused by bigamy or cohabitation with others, the innocent party has the right to claim damages. Therefore, the marriage guarantee has a certain legal basis, but this does not mean that it is all valid.
Second question: which protocols are protected? To judge the validity of the marriage guarantee, we should make a comprehensive judgment according to its signing background, setting conditions and disposition rights, combined with legal provisions and public order and good customs.
Generally speaking, the marriage guarantee written in the following three situations is not binding: 1. The letter of guarantee was signed by the issuer under coercion (such as being caught by relatives and friends in the hotel), and the issuer promptly filed a cancellation request with the court. At this time, the guarantee will be invalid due to revocation; 2. The content of the custody right in the guarantee is invalid, and the court will still handle it in line with the principle of being conducive to the growth of children; 3. The content of the letter of guarantee depriving personal rights is invalid, such as taking one party's divorce, talking or communicating with the opposite sex as an achievement, or ensuring that they will not remarry after divorce.
In addition to the above circumstances, a letter of guarantee with property rights as the object of punishment in cases of bigamy, infidelity, domestic violence, etc. When a divorce is decided, it should usually be regarded as valid.
Three questions: can "going out clean" be cashed? The court generally respects the effective agreement of the parties, but if the disposition of property is obviously unbalanced, the court can also make appropriate adjustments. For example, the court can sometimes support the promise of "going out clean" and rule that all property belongs to the innocent party; However, if the wrong party cannot maintain the local basic living standard, the court may also keep a certain share of the property as appropriate.
In the face of the other half's derailment, the pain of the original match can be imagined. As a routine evidence in divorce cases, the letter of guarantee can only be effective if it is written correctly, so as to better protect itself. Marriage is not easy, and it is done and cherished. Article 5: Does the letter of guarantee written by the husband after cheating have legal effect? Generally speaking, the guarantee written by a man after cheating probably includes, for example, I will never associate with someone (that is, a third party in marriage) again, otherwise all the property with him will belong to his wife.
According to the provisions of Article 19 of the Marriage Law: "Husband and wife may agree that the property acquired during the marriage relationship and the pre-marital property shall be owned by themselves, * * * shall be owned in whole or in part, and * * * shall be owned in part. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of Articles 17 and 18 of this Law shall apply.
The agreement between husband and wife on the property acquired during the marriage relationship and the property before marriage is binding on both parties.
"If the content of the letter of guarantee issued by the husband does not exceed the scope of the husband and wife's property, and it does not violate the provisions of the compulsory law, it belongs to the true meaning of the husband and is not coerced by the woman, which can be used as the basis for the division of divorce property, and the conditions will take effect.
How can a couple's letter of guarantee have legal effect _ How to write a simple letter of guarantee with legal effect to his wife How to write a simple letter of guarantee with legal effect to his wife Actually, it depends on the attitude of admitting mistakes. The following is how to write a legally binding letter of guarantee to my wife, which I carefully collected for everyone. Welcome to refer to.
How to write a letter of guarantee to your wife is legally binding. I used to be very bad. I often fought. I didn't tell my wife about my bad deeds, which made my wife angry and made her feel sorry and didn't trust me! I hereby promise my wife that I will be a good husband in the future, and I hereby promise as follows: 1. Don't fight or fight less, smoke less and drink less in the future.
2. Care, love and consider your wife more than before.
No matter what you do, you should report to your wife. 4. Don't do anything to be sorry for your wife, and you can't be sorry for your wife at any time and under any circumstances.
5. Be a husband-and-wife system with separated wives and children.
6. I don't quarrel with my wife, even if it is a small fight, I will let my wife go.
7. My wife got angry and ran away. I want to chase, but I don't chase puppies.
8. The first thing that comes to mind when you wake up every morning is your wife.
9. As long as you have time, cook some good dishes for your wife for a change.
10. Keep in touch with your wife wherever you go.
1 1. When you meet your prospective mother-in-law, you must smile and say hello.
12. Don't cheat your wife at any time.
13. Remember what your wife said.
Hehe, think of these now and add them later! In fact, this is not what * said, it needs practical action! Come on, Yang, I must do it, and let Yin spend my life happily with me! ! ! ! All the friends you see are my witnesses. If there is anything not done well, or should be done, you can remind me! Thank you for writing a letter of guarantee to your wife's legally binding mistress: I work hard and I am willing to go home because I travel less. If you want to ask where a good wife can be found, it's the only fun in Ping Huang! For the sake of our happy life in the future, and for the sake of our precious wife's good mood every day, this guarantee is hereby made as a criterion for measuring our behavior! First, in any case, we must observe the time and not let the baby's wife wait; Second, you can't break the contract for any reason; Third, no matter what conditions, the baby wife can't feel empty and hopeless.
Fourth, promise your precious wife no matter how small. No matter how hysterical, unreasonable and moody my precious wife is, I will coax her into tolerating her.
Never show displeasure and impatience with your beloved old man.
5. Admit that you did something wrong and hurt your baby wife, and accompany your baby wife with actions. Can't tolerate making mistakes again and again.
At work: 1. Make sure to say good morning to your precious wife every morning. Second, take time to greet the baby's wife at work to ensure the work is completed; Third, call the baby's wife every night to report everything that day; (If there is activity in Corey, it will be late. Fourth, if you have anything with your baby's wife on weekends, you should inform them in advance; At home: First, arrange the daytime activities in advance to ensure the law of life; Second, the first thing to do when you come home from work is to hold your precious wife; Third, when the baby's wife cooks in person, she actively cooperates with the logistics work; Fourth, don't grab the TV at home and listen to the baby's wife; 5. If the baby wife wants, go out for a walk with her every day; Sixth, you must sleep with your baby wife at night; Others: don't do things that the baby's wife doesn't want, and don't be angry with the baby's wife; You can't leave too much private money for yourself, and let your baby's wife manage money at home! Baby wife has the right to speak and decide everything.
Love her, take off your mask. Be a beloved wife's lover, lover, friend, brother, father and child. Care about your precious wife as much as she cares about you; As worried about her as she is about you. Before asking and criticizing her, ask yourself how you are doing. Not just being loved and possessed. Connect my heart with my precious wife's. Care for your baby wife when she is weak and in a bad mood, support her and guide her when she is flustered and helpless, love your healthy and confident baby wife, and love your sick and helpless baby wife. Share and tolerate her shortcomings, not just blame, and don't be indifferent when your precious wife needs you most. Be her hero, her prince and her knight. Give your precious wife a real sense of security, not necessarily marriage. But: whether rich or poor, healthy or sick, love each other and never give up.
Note: Baby Wife reserves the right of final modification and interpretation of this guarantee.
Guarantor: Huang Ping Baby Wife Approver: Sun Lili Letter of Guarantee Time: How to write a legally binding letter of guarantee to my wife 3 1. Love your wife all your life, love your wife and spoil your wife.
2. Don't dislike your wife, and don't want a wife.
Don't be mean to your wife, don't beat and scold her.
4. Don't fight back when your wife hits you. I also want to say to my wife with a smile: it's really comfortable, and my wife's voice is so sweet.
Don't cheat your wife, tell her everything and let her know.
I promise: 6. Listen to my wife and don't do anything to hurt my wife or old woman.
7. Don't fool around, don't say crutches, others will say me, and I will hang her up.
I firmly believe that my wife is the most beautiful. I only have a lovely and beautiful wife in my heart.
No matter where you go to play, you should take your wife with you. She won't let you go or go out to play without permission.
10. There must be no other woman in your heart, and you must dream about your wife in your dreams.
1 1. There is no privacy with your wife.
12. I must express my love to my wife.
13. If your wife is unhappy, please make her happy. The wife is happy and happy together.
14. Be kind to your wife's family and friends as you are to your own.
15. Always tolerate, love, care and take care of your wife.
16. More care, love and consideration for his wife than before.
17. Whatever you do, you should report to your wife.
18. Never do anything wrong to your wife, and never do anything wrong to your wife under any circumstances.
19 is a husband and wife system.
20. If I don't quarrel with my wife, even if it is a small fight, I will let her go.
2 1 The wife ran away angrily. I want to chase, but I don't chase a puppy.
The first thing I think of when I wake up every morning is your wife.
No matter where you go, you should keep in touch with your wife.
24. You can't cheat your wife.
25. The power of interpretation above belongs to the wife, who has the final say.
26. Please ask your wife for advice on the above.