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Couples who sign a marital agreement after marriage are understandable because they have their own principles, they want to have their own space, and they also want the other party to respect them, and sometimes it is only through the agreement that the other party is forced to abide by the agreement.
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Such couples generally do not have a particularly deep relationship, and they need to sign an agreement to maintain their marriage, which is completely irresponsible for the marriage, and the two have little intersection in their daily lives.
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I think it is legal and reasonable for couples who sign a marital agreement after marriage to protect their respective interests and protect their marital assets.
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I think it's good that a prenuptial agreement protects the offspring's inheritance rights from their marriage. A prenuptial agreement can address not only the financial aspects of the marriage, but also any other decision-making and responsibility sharing issues.
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I think that couples who sign a marital agreement after marriage may not be particularly satisfied with their marriage, and they must not love each other very much.
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Nowadays, many married people will sign a marital agreement after marriage, in fact, this is a very normal phenomenon, because many people do not believe in each other now, if they can sign an agreement, they will also feel at ease.
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Don't get married and live together for a period of time, get together to get a certificate, turn around and leave, the two hearts of premarital property notarization can never be together, and it feels meaningless to live together. When two people get married together, they can pay for each other and tolerate each other, and the notarization of marriage property is equivalent to the other party being wary of each other, and it is meaningless for such a marriage to be unconcluded.
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As far as I know, these can only happen when both husband and wife are very capable, and both people do not trust each other so much, so it is natural to sign some agreements to protect their own interests.
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I am not sure about my marriage, I have no confidence in myself or my husband, I don't have confidence that I can maintain this marriage, and I need to use an agreement to maintain it, so why should I get married.
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In fact, I don't advocate this, because you have to sign a marital agreement when you get married, which is more obvious, unless the relationship between the two of you is not deep enough, if the relationship between the two of you is deep enough, why do you need to find more things?
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In ancient times, there was no marriage certificate, marriage was protected by the marriage law, the marriage law itself is an agreement, and the marriage agreement is not similar to the marriage certificate.
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Marriage is not enough by love alone, a postnuptial agreement can make the marriage more rational while being beautiful and happy, and it is also a guarantee for each other!
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I don't think it's necessary, it will make two people unfamiliar, everything has to be calculated clearly, and I don't advocate signing a marital agreement.
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Legal Analysis: Generally Effective. A marital agreement is valid if it meets the statutory requirements.
An agreement that satisfies the following requirements will be valid: 1. The agreement must be in writing; 2. There must be a legal and valid marital relationship; 3. Possess the basic elements of contract law; 4. Do not violate the prohibitions of the law.
Legal basis: Civil Code of the People's Republic of China
Article 144:Civil juristic acts carried out by persons lacking capacity for civil conduct are invalid.
Article 146:Civil law acts carried out by actors and counterparts 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. Civil juristic acts that are contrary to public order and good customs are invalid.
Article 154:Civil juristic acts where the perpetrator maliciously colludes with their counterparts to harm the lawful rights and interests of others are invalid.
Article 505:The validity of a contract concluded by the parties beyond the scope of business shall be determined in accordance with the relevant provisions of Section 3 of Chapter 6 of Part 1 of Part 1 of this Law and the relevant provisions of this Part of this Part, and the contract shall not be invalid solely on the basis of exceeding the scope of business.
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Legal Analysis: The agreement signed by the husband and wife after marriage is valid. The law stipulates that a man and a woman may agree that property acquired during the marriage and property before marriage shall be owned separately or jointly, or partly separately and partly jointly.
The agreement shall be in writing and shall be legally binding on both parties. The agreement is valid as long as it complies with the content and procedures prescribed by law.
Legal basis: Civil Code of the People's Republic of China Article 1065 A man and a woman may agree that the property acquired during the marriage relationship and the property of Changqi before marriage shall be owned separately or jointly or partly separately or 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 relationship and the property before the marriage is legally 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 counterpart, the personal property of the husband or wife shall be repaid.
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An agreement between a husband and wife is valid if it is entered into voluntarily by both parties, is legal in content, and does not involve a personal relationship, such as a property agreement. If there is fraud or coercion to sign an agreement, the content of the agreement is illegal or there is an agreement restricting personal rights, the agreement is invalid, and if the agreement signed at the time of marriage is signed voluntarily by the parties to civil capacity, and does not violate the mandatory provisions of the law and public order and good customs, it will have legal effect. According to 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 corresponding capacity for civil conduct, (2) the expression of intent is true, and (3) it does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs. First of all, once the marital property agreement is signed, it has legal effect on both husband and wife, and neither party can renege on it unless it can be proved that one party has signed the agreement with fraud or coercion. In addition, if both parties meet the agreed conditions, they can perform in accordance with the content of the agreement.
Secondly, the legal and effective marital property agreement should be performed according to the agreement, and whether the marital property agreement is valid can be judged from the following points: 1. The marital property agreement must be written in form, and the property agreement must be fixed in writing, which can be reached by the husband and wife themselves or with the participation of the notary department. However, notarization is not a legally required procedure, as long as it is the true expression of the intention of both husband and wife.
2. The content of the property agreement must be legal, and when the two parties make the property agreement, it must be the property belonging to two people, and if it does not belong to the property of the two of them, such as the property of one of the parents, then the property agreement cannot be concluded. 3. The expression of intention of both parties should be clear, consistent with the conclusion of the general contract, the two parties must have a clear intention, and after the performance of the agreement, the two parties shall not dispute over the understanding of the agreement.
Civil Code of the People's Republic of China
Article 1076.
Where 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.
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.
Civil Code of the People's Republic of China
Article 1077.
Within 30 days from the date of receipt of the banquet by the marriage registration authority to the date of the application for divorce registration, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage registration authority.
Within 30 days after the expiration of the period provided for in the preceding paragraph, both parties shall apply in person to the marriage registration authority for the issuance of a divorce certificate;
If the application is not made, it shall be deemed that the application for divorce registration has been withdrawn.
Civil Code of the People's Republic of China
Article 1078.
If the marriage registration authority ascertains that the parties have indeed divorced voluntarily and have reached a consensus on matters such as child support, property and debt disposition, they shall register and issue a divorce certificate.
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