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Anonymous users2024-02-06The content shared today is Can I sign a prenuptial agreement after marriage? The Marriage Law stipulates that husband and wife may agree that property acquired during the marriage and 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 is binding on both parties. From the perspective of legal provisions, there is no time limit for the husband and wife to agree on the pre-marital property or the joint property after the marriage, but due to the difference in the time of signing, in practice, the agreement signed by the husband and wife is defined as a prenuptial agreement and a postnuptial agreement.
Therefore, the name of the agreement signed after the marriage should be the postnuptial agreement, and even if the name is the postnuptial agreement, the ownership of the prenuptial property can be stipulated. Legal basis: Article 19 of the Marriage Law of the People's Republic of China provides that husband and wife may stipulate that the property acquired during the existence of the marital relationship and the property before the 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 is 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.
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Anonymous users2024-02-05Lawyer Yi Yi Lawyer Yi Yi answered:
Hello, signing a prenuptial agreement can protect the legal rights of both men and women, and at the same time avoid property or other disputes in the future. Under normal circumstances, the signing of a prenuptial agreement needs to include the following contents: 1. The content of the prenuptial agreement must be the true expression of the intention of both parties;
2. Ownership of pre-marital property after marriage;
3. The rights and obligations or responsibilities of both husband and wife;
4. The two parties agree on the sharing of joint claims and debts;
5. Agreement on housing issues;
6. Other matters that need to be clarified in the agreement;
7. Signatures of both parties and time of signature.
There are three major advantages of signing a prenuptial agreement: (1) it clarifies the scope of prenuptial property, especially movable assets such as bank deposits, so as to avoid disputes over the scope of prenuptial property in the future;
2) It may be agreed that the pre-marital property shall be partially owned separately, partly jointly, or jointly owned after the marriage;
3) The prenuptial property agreement may stipulate future housework and the entertainment of the relatives of the parties.
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Anonymous users2024-02-04The prenuptial agreement should be signed in the following manner:
1. The parties shall agree on their own that the property acquired during the existence of the marital relationship and the property before the marriage shall be owned separately or jointly, or partly separately and partly jointly;
2. The agreement shall be in writing, and shall not violate the provisions of the law or damage the legitimate rights and interests of others.
Legal basis
Hail respects the People's Republic of China Minpeiqin Code, Article 1065.
The man and the 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. 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.
Article 1087.
In the event of a 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.
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Anonymous users2024-02-03Legal analysis: A valid prenuptial agreement must meet the following conditions: 1. The content must be the true expression of the parties' will, and there must be no fraud and oppression.
2. The content is legal, fair, reasonable and open. 3. In the content, it cannot appear, and the party who files for divorce will leave the house. Because the law protects the freedom of marriage, it is contrary to the principle of the law that the party who files for divorce leaves the house cleanly.
Legal basis: Article 10000 of the Civil Code of the People's Republic of China Article 10000 and 65 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 and partly jointly. The agreement shall be in writing.
Where there is no agreement or the agreement is not clear, the provisions of Articles 1,062 and 1,063 of this Law (respectively providing for the joint property of husband and wife and the personal property of husband and wife) shall apply.
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Anonymous users2024-02-02Legal Analysis: A prenuptial property agreement is agreed upon by both parties and signed on a legal basis. Specifically, it needs to be met:
1) The perpetrator 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 basis: Article 1065 of the Civil Code of the People's Republic of China A man and a woman may agree that property acquired during the marriage relationship and property before marriage shall be owned separately or jointly, or partly separately or partly jointly. The agreement shall be in writing.
Where there is no letter or the agreement is not clear, the provisions of articles 1062 and 1063 of this Law apply.
The agreement between husband and wife on the property acquired during the existence of the marital relationship and the property before the marriage is legally binding on Shuangkai Dafang.
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 counterparty that the agreement has slipped, the personal property of the husband or wife shall be repaid.
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.
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