1, the legal effect of the derailment guarantee needs to pay attention to the invalidity of personal parts such as children's ownership;
2. The part involving property shall not exceed the scope of the joint property of husband and wife, and shall not violate the provisions of mandatory laws, and shall ensure that it is the true expression of the intentions of both parties, and there shall be no coercion. At this point, the written guarantee can be regarded as the basis of property division and is conditionally effective.
The criteria for determining marital infidelity are as follows:
1. Electronic evidence refers to mobile phone text messages, emails, chat records, etc. After getting the mobile phone, you can entrust the public security department to fix such evidence;
2. Written evidence, such as written materials in the form of "confession", "confession", "guarantee" and "agreement" written by one party in the early stage of sudden exposure because of feelings, urgency or repentance. Or record the behavior of one party to the marriage, such as prostitution, illegal cohabitation, etc., and the police intervene;
3. On-site evidence, collecting on-site evidence of sex in bed, it is better to make a video to explain the problem. The method of collecting this kind of evidence is controversial in the judicial circle, because there are risks and precedents for the defendant to go to court for allegedly infringing on the personal privacy of a third party;
4. Audio-visual evidence, such as videos and photos of the derailed party and a third party hugging or entering and leaving the room hand in hand in public places. Entrusting a third-party investigation company to collect these evidence materials is safer and more reliable, and has independent evidence effect.
To sum up, if both parties agree to divorce, both parties can stipulate in the divorce agreement that the property of husband and wife is consistent, and the derailed party voluntarily gives up all the property, or even gives his personal property to the other party as compensation, which is also allowed by law.
Legal basis:
Article 148 of the Civil Code of People's Republic of China (PRC)
If a party commits a civil legal act that goes against its true meaning by fraudulent means, the injured party has the right to request the people's court or an arbitration institution to cancel it.