Everyone knows about divorce by agreement, but have you ever heard of marriage by agreement? In recent years, "marriage by agreement" has quietly appeared in society. As long as the agreement is signed and abided by in advance, both men and women can register for marriage together and start the life of "honorary husband and wife". So is marriage by agreement legally binding? Some people call this a new pattern of gender relations, but once the lies are exposed, how should their relationship be defined? "Get a marriage certificate, there will be a formal legal relationship between husband and wife. However, because the self-made agreement itself has no legal effect, the two sides have no real husband and wife life and have not fulfilled their due responsibilities and obligations, so this marriage is essentially invalid. " Lawyers believe that marriage must be legal in form, content and acquisition. Although "marriage by agreement" is legal in the acquisition and form of marriage certificate, its content is empty and violates the principle that the content of husband and wife's life must be true and voluntary. Therefore, this paper certificate has no legal effect, but covers up the illegal purpose through legal forms. Marriage by agreement is a way for a man and a woman to conclude a marriage relationship by signing an agreement, rather than a way to exercise their rights and fulfill their obligations. Although men and women who get married by agreement are legally registered as husband and wife, there is no substantive content of marriage. To be legal, marriage must be legal in form, content and acquisition. Marriage by agreement is legal in form, but the marriage agreement signed by it is not protected by law
Legal objectivity:
The legal effect of the divorce agreement is 1. The conditions attached to the divorce agreement signed by both parties are that they agree to divorce, and the additional period is that both parties go to the marriage registration office to get a divorce certificate. The divorce agreement signed by both parties will only take effect if these two situations are met. Of course, when signing a divorce agreement, the husband and wife will not clearly state the attached conditions and time limit as the general parties do when signing contracts and agreements, but in any case, the divorce agreement should reflect this spirit. Therefore, when the divorce proceedings were initiated, the conditions and time limit attached to the divorce agreement were obviously not met, so it should not have legal effect. 2. After the divorce registration, the divorce agreement filed with the Civil Affairs Bureau is valid, and it is very difficult to go back on our word. Therefore, when signing the agreement, we should be calm and rational. At the same time, the content of the agreement should be operable, not too simple, and the terms should not be too broad. For example, the agreement stipulates that the property has been divided, and both parties have no objection to this. Because the agreement does not reflect any property and how to divide it, it is easy for the two sides to disagree. One party thinks that the division of property has been completed, that is to say, there is no need to divide the property, so who owns it. The other party believes that since there is no clear agreement on the specific items and disposal methods of the real estate, it should be regarded as unclear and indivisible and should be divided according to law. In this way, if no consensus can be reached, we can only resort to the court. In addition, it is also necessary to prevent one party from concealing property when signing a divorce agreement. Therefore, we can't make an agreement like "other property under the name of both men and women belongs to the other party" or "there is no other property dispute between men and women" to avoid losing the opportunity to sue and divide the hidden property of the other party after divorce. The clauses concerning the personal relationship between husband and wife in the divorce agreement are invalid. First of all, our country's law adopts the principle of combining registration requirements with litigation requirements to dissolve the marriage relationship, that is, the parties can choose to register for divorce or file a divorce lawsuit, both of which have the same legal effect. The marriage relationship between husband and wife cannot be dissolved without registration or divorce procedures. Secondly, the parties' views on divorce may change with the changes of time, environment, words and deeds of the other party, self-awareness and other factors. Therefore, it is normal for one party to go back on his word and not agree to divorce after the divorce agreement is signed. The expression of "consent to divorce" in the divorce agreement has no legal effect and can only be used as evidence to prove that there is a major rift in the relationship between husband and wife. The clauses concerning property relations in the divorce agreement are agreements with effective conditions. If both parties agree to divorce or judge divorce, it shall be deemed as valid. The premise of property division in divorce agreement is that in the case of divorce, property should be divided according to the agreement of both parties. The condition for the property division agreement is divorce. However, the conditions attached to the divorce property division agreement are different from those in the general sense, because it requires the consent of both parties to the divorce, and either party can decide whether it is successful or not, unilaterally making the property division agreement non-binding and not bearing any legal responsibilities. Unless there are circumstances that can be changed or revoked, the people's court should take the agreement as important evidence to divide the property of husband and wife in divorce cases, that is, the court should make a judgment according to the agreement on property division in the divorce agreement. In addition, the Supreme People's Court' s "About Application"