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I can tell you very clearly that such an agreement is null and void and is not protected by law.
The first agreement is related to the content of the inheritance, the spouse is the first heir, if the property belongs to the husband, there is no dispute, and the wife also has a share.
If the marriage is not registered at the time of marriage, it is a de facto marriage, and the current law of our country does not protect de facto marriage, so if the above happens after the marriage, your agreement is invalid, and finally if the matter is put in court, the judge will make a decision on the distribution of property and the maintenance of children according to the actual situation.
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Marriage Law of the People's Republic of China.
Article 39: At the time of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman.
Article 40: Where husband and wife agree in writing that property acquired during the existence of the marital relationship shall belong to each other, and one party has paid more obligations for raising children, taking care of the elderly, assisting the other party in work, etc., they have the right to request compensation from the other party at the time of divorce, and the other party shall make compensation.
Basically valid, this is a contract, as long as the intention is true, both parties are willing and do not violate the law are considered valid, if you agree to give all the property to him, it will also be valid, because this is a gift, and you are a person with full civil capacity, you yourself agree to give it to others.
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Article 1 is valid Article 2 is invalid!
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The specific situation of the property depends on the property rights.
The article on children is absolutely invalid, and both parties have the obligation to support the children, and the law is greater than the agreement.
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Legal analysis: Divorce by agreement is valid, according to the law, if the husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.
Legal basis: Article 1076 of the Civil Code of the People's Republic of China Where a husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.
The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.
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A marriage by agreement is valid if it meets the following conditions: it is legal in form and content, does not violate the provisions of the law, and is true in its intentions. Marriage by agreement is a way in which a man and a woman enter into a marriage relationship by signing an agreement, but do not actually exercise the rights of husband and wife and fulfill the obligations of husband and wife.
However, marriage by agreement does not have the legal effect of determining the validity of the marriage relationship, and is only valid for the content of the agreement such as the division of property.
Legal basis] Article 1046 of the Civil Code of the People's Republic of China.
Marriage shall be completely voluntary between the man and the woman, and neither party shall be allowed to coerce the other, and it shall be forbidden for any organization or individual to interfere with it.
Article 1047.
The age of marriage shall not be earlier than 22 years old for men and 20 years old for women.
Article 1048.
Marriage is prohibited between 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 office. 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.
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Marriage by agreement is null and void. To get married, you need to go to the marriage registration office to register the marriage. Mainland residents need both men and women to register their marriages at the marriage registration authority in the place where one of the parties has a permanent residence.
Where a Chinese citizen applies for a marriage certificate with a foreigner, a mainlander, and a Hong Kong, Macao or Taiwan resident in Chinese mainland, he or she shall register the marriage at the marriage registration authority at the place where the mainland resident's permanent residence is located.
[Legal basis].
Article 4 of the Marriage Registration Regulations stipulates that when a mainland resident marries, both the man and the woman shall jointly go to the marriage registration authority at the place where one of the parties has a permanent residence to register their marriage. Where a Chinese citizen marries a foreigner in Chinese mainland, or a mainland resident marries a Hong Kong resident, Macao resident, Taiwan resident or overseas Chinese in Chinese mainland, both men and women shall jointly go to the marriage registration authority at the place where the mainland resident has a permanent household registration to complete the marriage registration. Article 8: Where both men and women who have repented of their draft go through marriage registration, the provisions of these Regulations on marriage registration apply.
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A marriage must meet certain conditions to be valid, otherwise it is invalid. According to the law, the positive conditions for marriage include:1
Marriage must be entered into free and complete free will without coercion by either party or interference by any third party. 2.The age of marriage shall not be earlier than 22 years for men and 20 years old for women.
[Legal basis].
Article 1047 of the Civil Code stipulates that the age of marriage shall not be earlier than 22 years old for men and 20 years old for women.
First of all, the prerequisite for the divorce agreement to take effect must be that both parties have gone through the divorce procedures at the Civil Affairs Bureau. The agreement on personal relations, that is, the agreement on whether or not to agree to divorce, cannot be bound by a written contract, that is, the law will not interfere with the repeated changes in the expression of intent between the parties to agree to the divorce, but once the parties have registered the form, that is, the relevant divorce registration has been completed, the law will confirm the fact of divorce. However, if only the two parties agree in writing to go through the divorce procedures together, but one party repents, the law will not give the other party the right to enforce, nor will it grant the court the right of compulsory recognition. >>>More
If the parties reach a divorce agreement and register the divorce with the Civil Affairs Bureau on this basis, the divorce agreement is legal and valid, and the agreement on compensation should receive legal protection. >>>More
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Article 23 of the Labor Contract Law stipulates that "an employer may stipulate a non-compete clause with an employee in an employment contract or confidentiality agreement, and agree that after the termination or termination of the labor contract, the employee shall be compensated monthly during the period of non-competition." If the employee violates the non-compete agreement, he shall pay liquidated damages to the employer in accordance with the agreement", and according to the provisions of the Company Law, the non-compete contract is generally two years, so the non-compete contract signed between you and the employer should be said to be valid. >>>More
Hello, the agreement between you is valid as long as it does not violate the mandatory provisions of laws and regulations. If you need to comprehensively prevent risks, and at the same time need the agreement to comply with the provisions of the law to take legal effect, it is recommended to entrust a lawyer to draft it more reliable, otherwise it will definitely not have the desired effect.