I m going to ask if the couple didn t register the breakup and write an IOU to take effect

Failure to register is treated as a cohabitation relationship, which is not protected by law. However, if the parties have children to support and joint property to divide, they can file a lawsuit in court. Of course, it can be resolved through negotiation first, and if the negotiation fails, you can request the people's mediation of the place of residence to mediate for the member; If mediation fails, a lawsuit can be filed.

Filing a lawsuit in court is generally the last step.

Whether or not an IOU has legal effect depends on the content of the IOU. An IOU is valid if its content complies with the law and is the true intention of both the man and the woman.

If the content of the IOU is illegal or contrary to public order and morals, it may be invalid.

If an IOU is signed by one party under fraud or coercion, the other party may request revocation or modification.

If there is no registration, it is not called a husband and wife, but only a friend, and the IOU written will take effect as long as it does not violate the provisions of the law. However, if the IOU does not give reasons, it may not be upheld in court.

It is effective if it does not violate the law.

An IOU is valid, but an IOU alone cannot prove the true lending relationship.

If it does not take effect, it is not recognized by law.

Without registration, it is a cohabitation relationship, and it is okay to write an IOU, but it cannot violate the mandatory provisions of the law.

Hello, the IOU needs to have a basic legal relationship, and the IOU formed by the breakup fee is not protected by law.

Legal Analysis: An IOU between husband and wife is valid. As long as the IOU of the letter between husband and wife is in accordance with the law, the actor has the corresponding civil capacity; The meaning means that it is true; It is effective if it does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.

A valid IOU has legal effect on both spouses, and both parties should fulfill their respective obligations.

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 actor has the capacity for civil conduct in response to the chakra;

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.

Legal analysis: The IOU between husband and wife is valid as long as it is a true and legitimate expression of intent of both parties.

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

Article 667 A loan contract is a contract in which the borrower borrows money from the lender and returns the loan at maturity and pays interest.

Article 668: Borrowing money from a contract for missing keys shall be in writing, unless otherwise agreed upon between natural persons. The content of the loan contract generally includes the type of loan, currency, purpose, amount, interest rate, term and repayment method.

Article 669 When entering into a loan contract, the borrower shall, as required by the lender, provide the true information about the business activities and financial status related to the loan.

The validity of a marital IOU should be considered valid in a general or formal sense, but there are many factors influencing its determination. For example, whether the issuance of the IOU is based on the true intention of the parties, and if the property purchased by the money determined in the IOU is completely used for the common life or use of the husband and wife after the IOU is issued, and the business income is fully owned by the husband and wife. Legal basis:

Article 1065 of the Civil Code: 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 and partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is not clear, the provisions of article 1062 of this Law and article 1063 of the state closure are to 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 marriage 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 paid off.

Legal Analysis: Effective. An IOU is a certificate that proves the relationship between the arrears and has legal effect.

Legal basis: Article 2 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases When a lender files a lawsuit with the people's court, it shall provide proof of creditor's rights such as IOUs, receipts, and IOUs, as well as other evidence that can prove the existence of a legal relationship between loans and loans.

Where the creditor's rights vouchers such as IOUs, receipts, and IOUs held by the parties do not indicate the creditor, and the party holding the creditor's rights vouchers initiates a private lending lawsuit, the people's court shall accept it.

If the defendant raised a factual defense against the plaintiff's creditor qualifications, and the people's court found that the plaintiff did not have the qualifications of the creditor after trial, it ruled to dismiss the lawsuit.

An IOU between husband and wife has legal effect. Where a husband and wife enter into a loan agreement and lend the joint property of the husband and wife to one party to engage in personal business activities or use it for other personal affairs, it shall be regarded as an act of agreement between the two parties to dispose of the joint property of the husband and wife, and may be handled in accordance with the provisions of the loan agreement in the event of divorce.

Does writing an IOU between husband and wife work? Of course it works, but only if you take your personal property and lend it to your lover, if you take it as a husband and wife.

First of all, I have supported the joint property system of husband and wife, rather than the separate property system, so if there is no agreement, the property acquired during the existence of the marital relationship between the husband and wife is generally joint property, but if it is agreed that the property belongs to each other, the IOU can be used as a debt certificate for Party B to the other party.

Effective. Absolutely valid, depending on whether you want to hold each other accountable whether the IOU is valid or not.

It has no legal effect and only takes effect within the scope of the joint agreement of the husband and wife.

If the IOU is property, because the law of our country regards the property of the husband and wife as joint property, the IOU between them loses its practical significance in law.

The mutual debt relationship between husband and wife in the form of IOUs due to internal reasons within the family can only be contracted between husband and wife, and is only useful to husband and wife who have the spirit of contract.

For example, the content of the IOU involves emotional aspects, such as: the husband owes his wife 365 affectionate kisses! Personally, I think this one is really funny!

I wonder why you husband and wife write IOUs between you.

Legal analysis: An IOU is a voucher written by an individual or unit to a relevant unit or individual when it is in arrears or in arrears. The signature of one of the spouses is valid, as long as the IOU is the true expression of the parties' intentions, the content and procedure are legal, and it can take effect after being signed or sealed by the parties.

Debts owed in the name of one of the husband and wife shall, in principle, be recognized as joint debts of the husband and wife, and both husband and wife shall bear the responsibility for repayment, which shall be effective for both parties. However, if one of the spouses can prove that the debt is only the personal debt of the borrower, or can prove that the husband and wife have agreed that the property acquired during the existence of the marital relationship belongs to each other, and the creditor is aware of the agreement, the loan can only be borne by the borrowing party.

Legal basis:

Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Debts between Husband and Wife》 Article 1: Debts borne by both husband and wife jointly signed by the husband and wife or by one of the husband and wife after the fact, such as a joint expression of intent, shall be recognized as joint debts of the husband and wife.