Guarantee content:
1. Write down the identity information of both parties, including name, gender, nationality, date of birth, address and ID number. Write down the facts and specific details of the cheating party.
2. Write the promise that the derailed party will no longer derail, and write the responsibility that the derailed party should bear if it derails again. Make sure that both parties sign and press their fingerprints.
Precautions:
1. The guarantee is signed by the issuer voluntarily.
However, if it is signed under duress, and the issuer makes a request for revocation to the court in time, the letter of guarantee is invalid because it is revoked;
2. The guarantee content about the ownership of custody right is valid.
When the ownership is deemed invalid by the court, the court will still handle it in line with the principle of being conducive to the growth of children;
3. The letter of guarantee shall not deprive personal rights. For example, it is invalid for one party to file for divorce, make phone calls or contact with the opposite sex as a condition of achievement, or promise not to remarry after divorce.
4. Ensure the balance of property distribution.
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 its property as appropriate.
5. On the condition of bigamy, infidelity and domestic violence.
When a divorce is decided, a letter of guarantee with property rights as the object of punishment should generally be considered valid.
6. The letter of guarantee shall comply with the law.
For example, insulting, beating or abusing the wrong party has no legal effect.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 143 stipulates that a civil juristic act that meets the following conditions is valid:
(1) The actor has corresponding capacity for civil conduct;
(2) the meaning is true;
(three) does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.
Article 1062
The following property acquired by the husband and wife during the marriage relationship is the common property of the husband and wife and belongs to the husband and wife:
(1) Wages, bonuses and remuneration for labor services;
(2) Income from production, operation and investment;
(3) Income from intellectual property rights;
(4) Inherited or donated property, except as provided for in Item 3 of Article 1063 of this Law;
(five) other property that should be owned by * * *. Husband and wife have equal rights to dispose of the same property.
Article 1063
The following property is the personal property of one of the spouses:
(1) one party's premarital property;
(2) Compensation or compensation obtained by one party for personal injury;
(3) Property that is determined to belong to only one party in the will or gift contract;
(4) Daily necessities used exclusively by one party;
(five) other property that should be owned by one party.
Article 1065
Both men and women may agree that the property acquired during the marriage relationship and the property before marriage belong to themselves, all or part of it, and part of it. The agreement shall be in writing.