What is a prenuptial agreement for the elderly to remarry, is it necessary, and how to write it spec

Specifically, it should be negotiated by both parties, and if they reach a consensus through consultation, they can write a prenuptial agreement according to the actual situation.

How to enter into a prenuptial property agreement.

1) The meaning should be clear.

Clarity of intent is required in any kind of agreement, and the same is true for prenuptial property agreements. Moreover, the prenuptial property agreement, based on the particularity of the identity of the parties to the agreement, has a clear meaning, and there will be no unnecessary conflicts and estrangements due to disputes over the understanding of the agreement in the future. The clear surface of its meaning lies in the following three aspects:

First, the scope of premarital property is clear.

Second, the proportion of pre-marital property shared after marriage is clear.

Third, the description of the property should be clear.

2) The conditions are clearly set.

If there is no special agreement, the agreement will generally take effect after the marriage is registered. In most cases, the partner will write "This agreement is effective from the moment both parties sign it" when they sign the agreement. In the case of a prenuptial property agreement, it is obvious that it is an agreement signed for living together after marriage, that is, marriage registration should be a valid condition.

Second, when some partners agree that the property before the marriage will be jointly owned after the marriage, they will make such an agreement, "if the parties do not divorce, the property belongs to the joint property of the husband and wife". This kind of property agreement is actually equivalent to no agreement. From the point of view of the final effect of the property agreement, it facilitates the division of property in the divorce.

Such an agreement is clearly disadvantageous for the non-owner of the property.

3) The style is clear and standardized.

The meaning is clearly expressed and hierarchical, so that there is no ambiguity. As a protocol, it is still necessary to follow a certain sample format.

Refer to the Intermediate People's Court of Jixi City.

In fact, the main thing is to agree on the disposal of the property of both parties, so as not to be opposed by the children.

Legal analysis: In order to avoid disputes in the future, the elderly can sign a prenuptial agreement before remarrying, and make an agreement on the personal premarital property of both parties, and such an agreement is valid as long as it does not violate the provisions of the law.

Legal basis: Civil Code of the People's Republic of China

Article 1046:Marriage shall be completely voluntary between a man and a woman, and neither party shall be allowed to coerce the other, nor shall any organization or individual interfere with it.

Article 1047:The age of marriage shall not be earlier than 22 years for men and 20 years old for women.

Article 1048:Marriage is prohibited for lineal blood relatives or collateral blood relatives within three generations.

Article 1049 A man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration authority. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued. The marriage relationship is established after the marriage is registered. Where marriage registration has not been completed, the registration shall be re-registered.

Article 1050:After marriage is registered, the woman may become a member of the man's family, and the man may become a member of the woman's family, in accordance with the agreement between the man and the woman.

Article 1051 Marriage shall be null and void under any of the following circumstances:

a) bigamy; 2) Have a family relationship that prohibits marriage;

3) They have not reached the legal age for marriage.

The remarriage agreement for the elderly reads:

1. Write the identity information of the remarried person at the beginning;

2. Write that remarriage is an expression of the true intention of both parties;

3. Write down the ownership of the property;

4. Finally, it shall be signed by both parties. You can refer to the way the contract is written.

[Legal basis].Article 470 of the Civil Code of the People's Republic of China.

The content of the contract is agreed upon by the parties and generally includes the following clauses:

1) The names and addresses of the parties;

b) the subject matter; iii) quantity;

iv) Quality; 5) Price or remuneration;

6) the period, place and method of performance;

7) Liability for breach of contract;

8) Methods of Dispute Resolution.

The parties may conclude a contract with reference to the model texts of various types of contracts.

The conclusion of a prenuptial property agreement requires both parties to have corresponding civil capacity, and it must be signed on a voluntary basis, and the content of the prenuptial property agreement must not violate the mandatory provisions of laws and regulations, nor can it violate public order and good customs.

According to Article 1065 of the Civil Code.

Paragraphs 1 and 2 stipulate that the parties 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.

Civil Code of the People's Republic of China

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 or 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 relationship shall be dispersed and the property before the marriage shall be legally binding on both parties.

China has stipulated a system of marital property agreements, and prenuptial property agreements can be entered into by middle-aged and elderly people who remarry.

Legal basis: Article 19 of the Marriage Law of the People's Republic of China: "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 promoted 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. ”

Note: After the Civil Code came into effect on January 1, 2021, the above legal basis was changed to Article 1065 of the Civil Code.