How to sign a prenuptial agreement to be valid, and how to sign a prenuptial agreement to be valid

Prenuptial agreements are strong and take effect from the date of signature by both the man and the woman. It should be noted that if the personal property owned by one party is completely agreed to be completely agreed on by the other party, especially the real estate, there is a risk that the court will recognize it as a gift, and the gift contract can be revoked before the completion of the gift, that is, before the transfer of the real estate, the donor can revoke the expression of intent to make the gift at any time, in this case, you had better notarize the prenuptial agreement, and the notarized gift cannot be revoked; In addition, it should be noted that you need to emphasize in the agreement that the purpose of the agreement is to better marital life, so as to avoid confusion with the divorce agreement, which is an agreement signed for divorce, which takes effect from the date of registration and filing with the civil affairs department, and can be renegotiated at will before it, but it has not yet taken effect.

Whether a prenuptial agreement is valid or not depends on what your agreement is agreed upon. That is, the matters you agree on must be lawful, the true intention of both of you, and there is no fraud or coercion.

Of course, if it is an agreement on premarital property, there is also a legal basis. Article 19 of China's Marriage Law stipulates that: "Husband and wife may agree 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. Where there is no agreement or the agreement is unclear, the provisions of articles 17 and 18 of this Law apply. "The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage shall be 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 third party, the debts shall be paid off with the property owned by the husband or the wife. ”

As for whether the agreement needs to be notarized, the law does not have a mandatory provision. It would be a mistake to think that an agreement must be notarized in order to be valid. Whether it is notarized or not is up to you.

Of course, a notarized agreement will have stronger legal effect, but it is not absolute. Agreements that have usually been notarized and are not overturned by evidence to the contrary will be preferably adopted by the courts.

Legal analysis: A valid prenuptial agreement can be signed as follows: 1. In written form; 2. Signed voluntarily by both parties; 3. A written prenuptial agreement signed in a reasonable, fair, and free from bad omen, fraud, or pressure.

In addition, notarization is also possible.

Legal basis: Article 1065 of the Civil Code of the People's Republic of China provides that a man and a woman 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 or partly jointly. The agreement shall be in written form.

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: The signing of a valid prenuptial agreement should have the following valid conditions: 1. The content of the prenuptial agreement must be legal; 2. Both parties must voluntarily enter into a prenuptial agreement; 3. The content of the agreement clarifies the scope of premarital property, the description of property, and the proportion of premarital property shared after marriage; 4. The conditions for the agreement to take effect should be clearly agreed; 5. Both parties sign and indicate the date of signing.

A prenuptial agreement is an effective way to protect one's property during marriage.

Legal basis: Article 143 of the Civil Code of the People's Republic of China A civil juristic act that meets the following conditions is 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.

Article 464:A contract is an agreement between civil entities to establish, modify, or terminate a civil legal relationship. Marriage, adoption, guardianship, and other agreements related to status relationships shall be governed by the laws and regulations on such status relationships; If there is no provision for Huai reform, the provisions of this part can be applied according to its nature.

A valid prenuptial agreement should meet at least the following criteria:

1) Written. A prenuptial agreement must be in writing to be legally valid. A written prenuptial agreement can be used as evidence to provide evidence of the content of the agreement and can help prove that both parties understand and agree to the content of the agreement.

2) Both parties sign voluntarily.

3) The written prenuptial agreement signed in a reasonable, fair, and free from error, fraud, or pressure shall be legally binding. A prenuptial agreement can be entered into at any time before the marriage. Of course, it is best to sign it well before the marriage ceremony.

This avoids the suspicion of undue pressure and demonstrates that both parties have carefully considered the signing process.

4) Be represented by a lawyer. Before signing the prenuptial agreement, it became an important step for Sun Dang to find a lawyer to assist in reading and preparing the prenuptial agreement. This will avoid being ruled unfair by the court in the future or being unduly biased in favour of one side over the other.

5) The financial status of each party has been fully known to the other party, and all existing assets and liabilities should be clearly listed in the form of a list.

Legal basis: Articles 12, 52 and 213 of the Contract Law of the People's Republic of China.

【Legal analysisA prenuptial agreement is an agreement between a man and a woman on their property and the rights and obligations of both parties after marriage before marriage. In order for a prenuptial agreement to be legally effective, the following conditions need to be met: 1. It must be in writing; 2. The content of the prenuptial agreement must be legal; 3. Both parties must voluntarily enter into a prenuptial agreement; 4. The content of the agreement clarifies the scope of pre-marital property, the description of the property, and the proportion of pre-marital property shared after marriage; 5. The conditions for the agreement to take effect should be clearly agreed; 6. Both parties sign and indicate the date of signing.

A prenuptial agreement is an effective way to protect one's property during marriage. 7. A written prenuptial agreement signed in a reasonable, fair, and free from error, fraud and pressure. In addition, notarization is also possible.

Legal basisArticle 143 of the Civil Code of the People's Republic of China A civil juristic act that meets the following conditions is 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.