Is a prenuptial agreement or a fidelity agreement between husband and wife valid?

A prenuptial agreement or a fidelity agreement should be valid as long as it does not violate the law.

Marriage Law of the People's Republic of China

Article 4: Husbands and wives 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.

Legal Analysis: Prenuptial fidelity agreements are not a legal solution. In China's judicial practice, there is still controversy over whether the premarital fidelity agreement between a man and a woman has legal effect. Therefore, it is necessary to determine the legal validity of the agreement according to the actual facts of the case.

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 perpetrator has the corresponding capacity for civil conduct;

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.

The prenuptial purchase agreement is valid if the husband and wife sign it voluntarily and equally, and the agreement between the husband and wife on the property acquired during the marriage relationship and the balance of the property before the marriage is legally binding on both parties.

Article 1076 of the Civil Code.

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 office.

The divorce agreement shall clearly state the parties' intention to divorce voluntarily and the opinions reached through consultation on matters such as the custody of the children, property, and the handling of debts.

Premarital fidelity agreements are valid, and prenuptial agreements entered into by the husband and wife on the basis of voluntary and equal consultation have legal effect.

It should be noted here that there is no specific legal provision in China that clearly states that a premarital fidelity agreement is valid, and it is valid for the legal act of the parties entering into a premarital fidelity agreement. However, it must meet the requirements for the effectiveness of civil juristic acts, that is, the actors of both parties should have the corresponding capacity for civil conduct; The parties expressed their true intentions and entered into a prenuptial fidelity agreement on the basis of equality and voluntariness; The content of the loyalty agreement does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs. The premarital fidelity agreement is valid as long as the above three elements are met and no other circumstances are provided for by law.

In addition, according to Article 1065 of the Civil Code, a man and a woman may agree in writing on the ownership of property acquired during marriage and property before marriage. 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.

1. Does the prenuptial agreement need to be notarized?

1. The prenuptial agreement does not need to be notarized, as long as it meets the conditions in Article 1, it is legally valid. However, notarized prenuptial agreements tend to have a higher effect. The law does not stipulate that a prenuptial agreement must be notarized to be valid.

2. Notarization is an activity in which a notary public certifies the authenticity and legality of civil legal acts, legally significant facts and documents in accordance with legal procedures according to the application of a natural person, legal person or other organization. Any legal act, document or fact with legal significance that has been notarized and proved by the state proves its authenticity and legitimacy will produce legal evidentiary effect.

2. Precautions for entering into a premarital fidelity agreement.

1. Avoid agreements involving specific personal relationships.

For example, words such as "no divorce" and "must be divorced" will affect or lead to the dissolution or change of personal relationship. Such descriptions may be suspected of violating the principle of freedom of marriage, which may lead to the invalidity of the agreement.

1) Restriction of personal freedom;

2) restricting freedom of communication;

3) insult human dignity;

4) Restricting child custody and visitation rights.

3. The compensation for liquidated damages should be in line with the economic capacity of the other party.

If the amount of compensation agreed in the agreement is too high to be paid by one party, it may be difficult for the court to uphold the compensation in the agreement.