Prenuptial Agreements and Marriage Law? 50

Hello! The first problem is that the agreement is still valid, but you can file a civil lawsuit for basic living conditions.

Second: If you divorce after eight years, all the property is shared by your husband and wife. That agreement has no effect.

You can seek help from the people's court or the local women's federation to protect your legitimate rights and interests.

According to the law, during the existence of the relationship between husband and wife, the husband and wife may agree on the attributes or ownership of the property. The agreement on the ownership of property during the marriage refers to the agreement reached between the husband and wife on the ownership, management, use, income, disposal and repayment of debts of the property acquired before and after the marriage during the marriage, and the division of property. Article 1065 of the Civil Code stipulates that a man and a woman may agree that the property acquired during the marriage and the property before the marriage shall be owned separately or jointly, or partly separately or partly jointly owned.

The agreement shall be in writing. Where there is no agreement or the agreement is not clear, the provisions of articles 1062 and 1063 of this Law apply. The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is legally binding on both parties.

If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the counterpart, the personal property of the husband or wife shall be repaid.

Legal analysis: A prenuptial property agreement concluded under the following conditions has legal effect: both parties must enter into a property agreement out of their own self-determination and must not conceal, deceive, coerce, or take advantage of others' dangers.

An agreement based on an untrue representation of intent is null and void. Second, the object of the agreement must be the property of the husband and wife (including pre-marital property and post-marital property), and the property that does not belong to the husband and wife cannot be the object of the agreement, etc.

Legal basis: Article 114 of the Civil Code of the People's Republic of China Article 13 Civil juristic acts that meet the following conditions are valid: (1) the actor has the corresponding capacity for civil conduct; (2) The expression of intent is true; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

Legal Analysis: Legal and Valid. As long as the content of the agreement does not violate the mandatory provisions of the law and the two parties sign a true expression of intent, the agreement will be valid and binding on both parties.

If there is fraud, coercion, or taking advantage of the danger of others, the agreement is revocable and may be invalidated on the claim of one person.

Legal basis: Article 465 of the Civil Code of the People's Republic of China A contract established in accordance with law shall be protected by a legal type of Sakura.

A contract established in accordance with law is only legally binding on the parties, unless otherwise provided by law.