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This agreement between the husband and wife is valid and can be legally valid as long as they are signed by both of them with their names and fingerprints.
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It is only as a way of internal management, which is legally invalid. However, if one party violates the agreement, the agreement can be submitted to the court as evidence in the divorce lawsuit.
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Is the fidelity agreement between the spouses valid? This agreement works.
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There is no legal force in this regard, these things are useless.
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Is the loyalty agreement compliant?
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A fidelity agreement between husband and wife is not legally valid. They can only check each other, and are not protected by law.
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If the law is just, it is valid.
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In real life, we often encounter situations where the husband and wife sign some agreements after marriage, such as the man has an extramarital affair that leads to a divorce, then the man needs to pay 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.
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Legal Analysis: Effective as long as it does not violate the law. For a fidelity agreement signed by both husband and wife during marriage, if the content of the fidelity agreement complies with the provisions of the law, and the parties sign the agreement voluntarily and legally, the fidelity agreement shall have legal effect.
However, if the content of the loyalty agreement violates the mandatory provisions of the law in part or in part, the agreement shall be invalid and shall not have legal effect.
Legal basis: Article 1065 of the Civil Code of the People's Republic of China 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 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 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.
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Legal Analysis: Effective. The marital fidelity agreement is the embodiment of the married citizen's voluntary restriction and restraint of his or her sexual freedom, and the content of the "Loyalty Agreement" is in accordance with the law, and if the parties sign the agreement on the premise of voluntarily and legally, the "Loyalty Agreement" has legal effect.
Legal basis: Article 143 of the Civil Code of the People's Republic of China A civil juristic act that meets the following conditions is valid: (1) the actor has the corresponding capacity for 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.
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The fidelity agreement signed between the husband and wife is valid, as long as the intention of the fidelity agreement signed by the husband and wife is genuine; The signed loyalty agreement does not violate the mandatory provisions of laws and administrative regulations, does not violate public order and good customs, and the husband and wife have the corresponding civil capacity, and the loyalty agreement has legal effect after being signed and confirmed by both parties when signing the agreement.
1. Is the divorce agreement signed by both husband and wife valid?
The divorce agreement signed by both parties is valid. As long as the content of the divorce agreement does not violate the provisions of laws and administrative regulations, does not violate public order and good customs, the husband and wife have full capacity for civil conduct, and the signing of the divorce agreement is an expression of the true intention of the two parties; If the agreement is signed and confirmed by both parties and dated after it is signed, then the agreement is legal and valid, and it will take effect in accordance with the law after the husband and wife have completed the divorce registration formalities and obtained the divorce certificate.
2. Is the marital dissolution agreement valid?
The nuptial agreement is valid. As long as the intent of the husband and wife to sign the marital property separation agreement is genuine; The husband and wife have full civil capacity at the time of signing the marital property separation agreement; If the content of the agreement does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs, then the marital property separation agreement will have legal effect in accordance with the law after it has been signed and confirmed by both parties and the date of signing is indicated.
3. How does the signed agreement take effect?
If the agreement signed by the agreement can be effective, both parties to the agreement should have the corresponding civil capacity for the signed contract, and the signing of the contract is a true manifestation of the intention of both parties, and the terms agreed in the contract must not violate the mandatory provisions of laws and regulations, and the terms must conform to public order and good customs. There can be no statutory reason for the invalidity of the contract, and the agreement is generally valid.
According to Article 143 of the Civil Code implemented in 2021, civil juristic acts that meet the following conditions are valid:
1) The perpetrator has the corresponding capacity for 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.
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