What happens if one party breaks up after signing a prenuptial agreement?

Where there is a dispute over the division of property in the divorce agreement in a divorce agreement, the provisions of Articles 8 and 9 of the Supreme People's Court's Interpretation (II) on Several Issues Concerning the Application of the Marriage Law (hereinafter referred to as Judicial Interpretation II) shall apply, and the provisions of Article 47 of the Marriage Law and Article 31 of the Interpretation (1) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (hereinafter referred to as Judicial Interpretation I) shall not apply.

Article 47 of the Marriage Law stipulates that "at the time of divorce, one party conceals, transfers, sells, or destroys the joint property of the husband and wife or falsifies debts, in an attempt to encroach on the property of the other party", and the legislative intent of these provisions is that as far as divorce by litigation is concerned, Article 31 of Judicial Interpretation 1 stipulates that "in the event of the occurrence of Article 47 of the Marriage Law, the statute of limitations shall be two years". However, if one party conceals, transfers, or sells the joint property of the husband and wife in a divorce by agreement, the "two-year" statute of limitations shall not apply, but the provisions of Articles 8 and 9 of Judicial Interpretation II shall apply: "The clause on the division of property in the divorce agreement or the agreement reached by the parties on the division of property as a result of the divorce shall be legally binding on both the man and the woman."

and "if a man and a woman repent on the issue of property division within one year after the divorce by mutual agreement, and request to modify or revoke the property division agreement, the people's court shall accept it", that is, the statute of limitations is "one year".

It doesn't matter if you break up with two people, there is no prenuptial agreement.

A: Yes, it is useful. According to Article 36 of the Marriage Law of the People's Republic of China, a prenuptial agreement signed by a husband and wife can be used as the basis for a divorce agreement and has legal effect when the husband and wife divorce.

Therefore, even if the couple has broken up, the prenuptial agreement is still valid. At the time of divorce, the husband and wife can reach an agreement on the division of property, custody, maintenance obligations and other matters according to the content of the prenuptial agreement, and the two parties can sign and confirm it, so that it can be used as the basis for the divorce agreement when the court hears the divorce case. In addition, when entering into a prenuptial agreement, the following points should be noted:

First, the prenuptial agreement should be signed voluntarily by both parties and must not violate the law. Second, the prenuptial agreement should clarify the rights and obligations of both parties; Finally, the prenuptial agreement should be signed and confirmed by both parties and notarized by a notary public. In conclusion, a prenuptial agreement is still valid when the spouses divorce, so caution should be taken when entering into a prenuptial agreement so as not to affect the rights and interests of both parties.

In validity, the man and woman may agree that the property acquired during the marriage and the property before the marriage shall be owned separately or jointly, or partly separately and partly jointly.

The agreement shall be in writing. 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.

Legal basis] Article 1065 of the Civil Code stipulates that a man and a woman may agree that the property acquired during the marriage relationship and the property before the 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 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 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.

If the prenuptial agreement is useful and has legal effect, the prenuptial agreement divorce has legal effect, and the parties who meet the agreement have full civil capacity; the parties express their genuine intention to enter into the 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, the prenuptial agreement shall be legally valid after being signed and confirmed by both parties and indicating the date of signing.

A prenuptial agreement signed by both spouses can be legally valid. According to the relevant provisions of the Marriage Law, husband and wife may agree that the property acquired during the marriage and the property before the marriage shall be owned separately or jointly, or partly separately and partly jointly. The agreement shall be in writing.

The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is binding on both parties. This is only for property and does not include custody of the child. And it is necessary for both parties to express their true intentions and not violate the provisions of national laws and regulations.

The prenuptial agreement is an agreement signed before two people are going to get married, and if they break up before they get married, the agreement will not take effect.

No. A prenuptial agreement is only valid until the marriage is officially married, and once the marriage is effective, it can no longer be used. If there is a problem in the relationship between the husband and wife, it must be resolved through legal proceedings, and the prenuptial agreement is no longer valid.

The prenuptial agreement divorce has legal effect, and the prenuptial agreement is legally valid after being signed and confirmed by both parties and indicating the date of signing, provided that both parties have the capacity for civil conduct, and that the true content of the agreement does not violate the mandatory formulation of legal and administrative provisions, and does not violate public order and good customs.

Hello, as a legal person, I can help you.

According to the Marriage Act, husband and wife may agree that property acquired during the marriage and property acquired before marriage shall be owned separately or jointly or partly separately and partly jointly. The agreement shall be in writing.

Therefore, the agreement is valid, but since the agreement requires both parties to express their true intentions, and subjective things in real life are difficult to identify, disputes are likely to arise, so you can consider going to a notary office for notarization.

In addition, Article 46 In any of the following circumstances, where a divorce is caused, the party who is not at fault has the right to claim damages:

1) bigamy;

2) A person who has a spouse cohabits with another person;

3) Committing domestic violence;

4) Abuse or abandonment of family members.

Therefore, generally divorced assets are divided equally. However, if the above circumstances lead to divorce, the innocent party has the right to claim damages. Therefore, you can consider giving more to the innocent party when you agree. Hope to adopt.

Prenuptial agreements, including prenuptial medical examinations, are necessary, protected by law, and have legal effect!

It is best to bring the proof of income and expenditure of both parties' property to the notary office for notarization of the prenuptial agreement!

It's up to your luck to have such an agreement, as some courts have found it valid and others have found it invalid.

This kind of agreement should be invalid, and the notary office of the unilateral binding agreement will not notarize it with you.