Is the fidelity agreement between husband and wife valid?

Nanjing professional marriage lawyer Xu Naiyi will answer for you:

The first paragraph of Article 37 of the Constitution of the People's Republic of China stipulates that "the personal freedom of citizens of the People's Republic of China shall be inviolable". It can be seen that personal liberty is a legal right rather than a contractual right.

At the same time, since personal rights are legal rights, they can only be complied with by law, and cannot be arbitrarily agreed upon by the parties, that is, they cannot be adjusted through agreement. Furthermore, from the point of view of contractual rights, the "loyalty agreement" is also invalid.

The duty of loyalty provided for in article 4 of the Marriage Law is a moral obligation, not a legal obligation, and an agreement entered into by one spouse in exchange for this moral obligation with the other cannot be understood as an agreement to determine specific civil rights and obligations. Therefore, after discussion by the Review Committee of the High Court, it has been made clear:

1) Strictly implement the Supreme People's Court's "Interpretation of Several Issues Concerning the Marriage Law (1)", and the people's court will not accept a lawsuit filed by a party only on the basis of Article 4 of the Marriage Law; where it has already been accepted, a ruling is made to reject the lawsuit.

2) Where a husband and wife have signed a loyalty agreement, and now one party sues the other party to perform the agreement or pay liquidated damages and compensate for losses solely on the grounds that the other party has violated the loyalty agreement, the people's court will not accept it.

3) Except as provided for in Article 46 of the Marriage Law, if one of the spouses demands the other party to pay liquidated damages or damages on the grounds that the other party has violated the fidelity agreement or violated the duty of loyalty in a divorce case, the people's court hearing the case shall not accept the case.

4) Relevant cases that have been previously concluded and have taken legal effect will not be adjusted.

It is debatable whether the marital fidelity agreement is valid and can be upheld by the court in the event of a dispute. Of course, if in Shanghai, there is already a clear answer. In other regions, it is necessary to collect relevant jurisprudence for screening.

If the covenant of fidelity is not valid.

Legal Analysis: Loyalty agreements are invalid. Husbands and wives should be faithful to each other, not necessarily to be faithful.

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

Article 1055:Husbands and wives have equal status in marriage and family.

Article 1056 Both husband and wife have the right to use their own names.

Article 1057:Both husband and wife have the freedom to participate in production, work, study, and social activities, and one party must not restrict or interfere with the other.

Where a husband or wife, as a person with full capacity for civil conduct, voluntarily signs a "loyalty agreement" before marriage, and the agreement does not violate the law on digital sales and does not harm public order and good customs, it shall be deemed to be lawful and valid. Husbands and wives should be faithful, respectful and caring for each other; Family members shall respect the elderly, love the young, help each other, and maintain equal, harmonious, and civilized marriage and family relations. According to Article 1043 of the Civil Code:

Husbands and wives should be faithful, respectful and caring for each other; Family members in Fanzhen should respect the old and love the young, help each other, and maintain equal, harmonious, and civilized marriage and family relations.

Legal analysis: The validity of the loyalty agreement between husband and wife is closely related to the way the agreement is signed and the content of the agreement. If the behavior of the parties Li Qiaosheng does not violate the prohibitions of the law, the agreement is based on the true will of both parties on an equal and voluntary basis, does not harm the public interest and the interests of others, and is conducive to the purification of good customs, then the agreement is legal and valid, legally binding on the parties, and the parties shall perform their corresponding obligations in accordance with the agreement.

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

Article 143: Civil juristic acts that meet the following conditions are valid: (1) the actor has the corresponding force of 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.

Article 144:Civil juristic acts carried out by persons lacking capacity for civil conduct are invalid.

If the fidelity agreement between husband and wife meets the legal conditions for its validity, it will be binding on both husband and wife. The conditions for taking effect are: both parties are persons with full capacity for civil conduct; The parties are true expressions of intent; The content of the loyalty agreement does not violate the mandatory provisions of laws and administrative regulations; Do not violate public order and good customs; The perpetrator did not maliciously collude with the counterpart, harming the lawful rights and interests of others.

[Legal basis].Article 144 of the Civil Code.

Civil juristic acts carried out by persons without capacity for civil conduct are invalid.

Article 146.

Civil juristic acts carried out by the actor and the counterpart with false expressions of intent are invalid.

The effectiveness of civil juristic acts concealed by false expressions of intent is to be handled in accordance with the relevant legal provisions.

Article 153.

Civil juristic acts that violate the mandatory provisions of laws and administrative regulations are invalid. However, the mandatory provisions do not lead to the invalidity of the civil juristic act, except for the return to the major.

Civil juristic acts that are contrary to public order and good customs are invalid.

Article 154 Jane Sun.

Civil juristic acts in which the actor maliciously colludes with the counterpart, harming the lawful rights and interests of others, are invalid.

In real life, we often encounter some situations, that is, the husband and wife sign some agreements after marriage, such as the man has an extramarital affair and the two parties divorce, then the man needs to compensate the woman 1 million and so on. So how effective are such agreements? In fact, the Supreme People's Court has already given an explanation.

The law does not prohibit the signing of such agreements between husband and wife, but it does not give such agreements enforceability. Therefore, it is difficult to determine the validity of such agreements.

China's Civil Code stipulates: "Husband and wife shall be faithful to each other and respect each other; Family members shall respect the old and love the young, help each other, and maintain equal, harmonious, and civilized marriage and family relations. At the same time, this law clearly stipulates that if one party cohabitates with another person during the existence of the marital relationship and causes divorce, the innocent party may require him to bear the liability for damages.

Husbands and wives should be faithful, respectful, and trusting to each other, and work together to maintain harmonious family relations. If one party divorces due to cohabitation with another party, the feelings and interests of the other party have been seriously damaged, and the other party has the right to demand compensation for his own losses. With regard to the validity of the "fidelity agreement" signed by the husband and wife, since the husband and wife, as persons with full capacity for civil conduct, voluntarily agreed on the "marital fidelity agreement" out of true intentions, and the agreement does not violate the law, nor does it harm public order and good customs, and fully complies with the requirements for the contract to take effect, the law also recognizes and protects this kind of cooperation and reform.

In other words, the "Conjugal Fidelity Conversion Agreement" signed between you and your wife is legal and valid. Now your wife has violated the terms of the Fidelity Agreement, then she should be liable for damages in accordance with the amount of compensation agreed in the agreement. Also, if your divorce was caused by her cohabitation, you can also claim damages from her at the same time as you file a divorce lawsuit.