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Anonymous users2024-02-06On this issue, the law is controversial, and the law does not yet explicitly stipulate the validity of such agreements, and whether they are valid or not needs to be analyzed on a case-by-case basis.
As far as current judicial practice is concerned, under normal circumstances, the law does not support the so-called conditional "clean house agreement", and if one party files for divorce, he or she will voluntarily leave the house.
China's Civil Code clearly stipulates that citizens have the right to freedom of marriage, including both the freedom to marry and the freedom to divorce.
Restricting the other party's freedom of divorce by agreement and making the renunciation of all property a condition for divorce essentially restricts the freedom of divorce of citizens and is illegal. Therefore, this kind of "clean house agreement" is invalid.
At the same time, Article 1065 of the Civil Code stipulates that a man and a woman may stipulate that the property acquired during the marriage relationship and the property before marriage shall be owned separately or jointly, or partly separately and partly jointly. The agreement shall be in writing.
In other words, the husband and wife may agree that the property acquired during the marriage relationship and the property before the marriage shall be owned separately or jointly, or partly separately and partly jointly, and such an agreement is legally valid.
Therefore, if an agreement is to be signed during the marriage, it can be directly signed into the marital property agreement, specifying which property belongs to which party, and such an agreement has legal effect.
Li Xiaojuan, a divorce lawyer in Hangzhou, reminded that marital agreements that are conditional on divorce, personal restraint, and agreements that violate public order and good customs are not protected by law. These points should be avoided when signing an agreement.
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Anonymous users2024-02-05Is the evisceration agreement valid? Legally known as the marital fidelity agreement, please listen to the family lawyer Marseille for details.
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Anonymous users2024-02-04Legal Analysis:1The court held that as long as the agreement signed by the husband and wife is voluntarily signed, it is legally effective and does not violate the relevant provisions of laws and regulations.
2.The spouses may agree on the ownership of the property acquired before the marriage and during the marriage, such as whether it is owned by themselves, jointly owned, or partially owned or partially shared. 3.
The agreement between the husband and wife on some of the property acquired during the existence of the marital relationship and the property before the marriage has a certain binding force on both parties.
Legal basis: Civil Code of the People's Republic of China
Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.
The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.
Article 1065 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 and partly jointly. The agreement shall be in writing.
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Anonymous users2024-02-03Is the evisceration agreement valid? Legally known as the marital fidelity agreement, please listen to the family lawyer Marseille for details.
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Anonymous users2024-02-02As long as the agreement is signed voluntarily by both parties, it is legally valid.
The verbal agreement is valid.
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