What does a prenuptial agreement need to be effective, and can it be legally effective after it take

Hello, a prenuptial agreement is an agreement with entry into force conditions, which takes effect from the date on which the parties register their marriage. If it is not registered, if it involves a gift, it will also be recognized as a gift contract in practice. The content of the prenuptial agreement should be the true expression of the intention of both parties, and should not violate the mandatory provisions of laws and administrative regulations, and should not violate public order and good customs.

If both parties have the capacity for civil conduct and sign voluntarily, then the signed written prenuptial agreement has legal effect, and the agreement is legally binding on both parties.

Legal basis] Article 1065 of the Civil Code: 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.

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. The husband and wife shall agree that the property acquired during the existence of the marital relationship shall belong to each other, and if the counterpart is aware of the debts owed by the husband or the wife, the personal property of the husband or the wife shall be repaid.

Article 502, paragraph 1: A legally constituted contract shall enter into force at the time of its formation, unless otherwise provided by law or otherwise agreed by the parties.

In the case of a prenuptial agreement, it must be signed and sealed by both parties, so that it can take effect after it takes effect, and it will also have certain legal benefits.

How does a prenuptial agreement need to be valid? Can it have legal effect after it comes into effect? The prenuptial agreement must be notarized, and it will be effective after notarization, which is legally effective.

If the prenuptial agreement is to be valid, it must be notarized by a notary office, and only after notarization can it be legally efficient, if it is only written by two of yourself, it has no legal effect.

A prenuptial agreement needs to be just, and in the case of injustice, it has no legal effect.

What does the pre-agreement need to be considered to be effective and can it have legal effect? I think it's better for the prenuptial agreement to be a fair and notarized one, so that it will have legal effect in the future.

It is best for both parties to go to the notary office with the materials to handle the notarization business, so that it can have legal effect.

Go to a notary office and get it notarized.

For a prenuptial agreement to be valid, it is necessary to:

1. The husband and wife relationship are formed by establishing a marital relationship.

2. It should comply with the relevant provisions of the contract.

3. The agreed property system is a property rights system in which the husband and wife determine the property rights through agreement.

4. The contract established in accordance with the law shall take effect from the time of its establishment.

5. The prenuptial property agreement shall include the basic information of the parties, the scope of premarital property, and the ownership of premarital property.

1. What is included in the husband and wife agreement?

The contents of the conjugal agreement include the following:

1. Basic information such as the name, gender, occupation, and address of the parties;

2. The name, quantity, type, price method, and status of the pre-marital property;

3. Ownership of the above-mentioned pre-marital property;

4. Principles of use and disposal of premarital property;

5. Other agreements, such as: how to repay premarital debts, premarital property ownership, etc.

To ensure that the property agreement is legal and valid, the following should also be noted:

1. To handle the notarization of the prenuptial property agreement, the parties shall apply to the notary office in person and shall not entrust others**;

2. The prenuptial property agreement cannot stipulate the property of others, especially the remarried person;

3. The parties shall have the corresponding capacity for civil conduct, and express their truthfulness, without coercion or fraud;

4. The content of the prenuptial property agreement is perfect, the wording is appropriate, and the signature and seal on the agreement are true.

2. Should the prenuptial property agreement be written?

A prenuptial property agreement refers to an agreement between a man and a woman on their respective pre-marital and post-marital property before marriage, and may stipulate that the pre-marital property and the property acquired during the existence of the marital relationship shall be owned separately or jointly, or partly separately and partly jointly owned.

When a prenuptial agreement is signed, it has legal effect on both parties. If couples want to keep their relationship and property from each other, then a prenuptial agreement is a good option. According to practical experience, it is more suitable for a man and a woman to sign a prenuptial agreement in a foreign-related marriage, a remarried family, and a disparity in the assets of both parties.

3. Whether the agreement written in the marriage is valid in the case of divorce.

An agreement written in the marriage is valid in the event of divorce.

The marital divorce agreement will take legal effect after the divorce. Only the parties to the nuptial agreement have the corresponding civil capacity; The content of the nuptial agreement must express the true intention of both parties; The marital agreement concluded did not violate the mandatory provisions of laws and administrative regulations, let alone violate the public order and good customs of society. Then the agreement written in the marriage will be valid.

Husband and wife may agree that property acquired during the marriage, as well as property acquired before marriage, shall be separately owned, jointly owned or partly separately and partly jointly owned.

The main contents are:

1. Clarify the scope and ownership of premarital property;

2. Clarify and simplify the ownership and use of the joint property of the husband and wife;

3. Establish the rights and obligations of both husband and wife in family life;

4. Effectiveness and revocation of the agreement;

5. Liability for breach of contract.

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.

When entering into an agreement, the parties must have full capacity for civil conduct, truly express their will, and do not violate the law and public order and good customs. After the marriage agreement is signed, the parties have a marital property relationship, and the prenuptial property agreement is binding.

Legal analysis. 1. When the parties enter into an agreement, they shall have full capacity for civil conduct, the intention shall be true, and the agreement shall not violate the mandatory provisions of laws and administrative regulations, nor shall it violate public order and good customs.

2. Although the two parties were not married when the Ruxiang marriage agreement was signed, the relationship between the husband and wife was established after the agreement was signed, that is, the property relationship between the husband and wife was established. An agreement entered into between the parties before the marriage is of course binding, i.e. an agreement on pre-marital property.

Legal basis. Article 143 of the Civil Code of the People's Republic of China.

Civil juristic acts that meet the following conditions are valid:

1) The perpetrator has the corresponding capacity for civil conduct;

2) The meaning is genuine;

3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.