Does a postnuptial agreement have legal effect, and is a postnuptial agreement valid?

Whether the agreement is valid depends on: 1. The true intention of both parties; 2. The content of the agreement complies with the law; 3. The form is effective.

Not before, during, or after divorce.

The postnuptial agreement does not violate relevant laws and regulations, and is valid if entered into voluntarily and negotiately between the parties.

A valid postnuptial agreement is null and void unless it meets the following conditions:

1) When signing a property agreement, both men and women must have full civil capacity;

2) It must be signed by both men and women in person, and cannot be signed by others**;

3) Both parties must be voluntary, and cannot be signed by one party under fraud or coercion;

4) The content of the agreement must be legal, and the law must not be circumvented or the interests of the state, the collective and the third party cannot be harmed (for example, it cannot be agreed to pay living expenses if a boy is born, divorce if a girl is born, etc.);

5) The scope of property agreement can only be the personal property or joint property of both men and women, and there shall be no agreement to dispose of the property of other family members or third parties;

6) This agreement must be signed in written form, and notarization of this agreement is not a necessary procedure, but the notarized agreement has stronger legal effect;

7) The husband and wife must have a legal marital relationship, and if the marriage is invalid or voidable, this agreement does not apply.

Article 143 of the Civil Code: 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 property ownership agreement signed by the husband and wife after marriage through consensus has legal effect.

See: Article 1065 of the Civil Code [Property System for Husband and Wife] 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 (Note: Joint Property of Husband and Wife) and Article 1063 (Note: Personal Property of Husband and Wife) of this Law shall 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.

China's Marriage Law clearly stipulates that husband and wife may stipulate that the property acquired during the marriage relationship and the property before marriage shall be owned separately or jointly or partly separately and partly jointly. In other words, the law allows the husband and wife to agree on the ownership, management, use, income and disposal of the property acquired by the husband and wife before and during the existence of the marital relationship, as well as the settlement of debts of third parties, and the division of property at the time of dissolution of marriage, and the marital property agreement is binding on both husband and wife.

A post-nuptial agreement is not valid, and even if you sign it, it is not protected by law.

It is valid if agreed upon by both parties and does not violate the provisions of the law.

It should work. However, is it still a husband and wife to be bound by an agreement?

The postnuptial agreement is written in the following way and has the force of law. First of all, the title can be written in three words, or the specific name of the agreement can also be written. Then agree on the basic information of both parties, and indicate that one party is Party A and one party is Party B after the name of the two parties, so that it is easy to call in the text.

The main body of the agreement should clearly explain the relevant matters related to the agreement, as well as the purpose, reasons and basis of the agreement. Sign the final payment and write the date of the agreement.

[Legal basis].

Article 469 of the Civil Code of the People's Republic of China: When parties conclude a contract, they may use written, oral or other forms.

The written form is a form in which the contents of the contract, letter, telegram, telex, fax, etc. can be tangibly expressed.

Data messages that can be tangibly represented in electronic data interchange, e-mail, etc., and that can be accessed at any time shall be deemed to be in writing.

A postnuptial agreement is legally valid, but its validity is limited to a certain extent and can only be recognized if it complies with the law.

A postnuptial agreement is an agreement between the spouses after marriage to stipulate the rights and obligations of both parties in the marital relationship. According to the provisions of the Contract Law of the People's Republic of China, a valid contract should have the legal subject matter of the contract, the conclusion of equality and voluntariness, and the legal and compliant content. Similarly, a postnuptial agreement must meet these conditions in order to be considered a valid legal instrument.

In practice, the validity of a postnuptial agreement is subject to certain limitations. First of all, the principle of freedom of marriage is the core of the marriage and family law, so the postnuptial agreement must not involve divorce, child rearing, and other content that violates the principle of freedom of marriage. Second, the content of the agreement between the two parties shall not violate laws and regulations and social public morality, such as not infringing on the legitimate rights and interests of others, and not violating administrative regulations; Finally, if one party requests to amend or revoke the agreement after the two parties have reached an agreement, it must be reported to the local marriage registration authority for confirmation after consultation between the two parties.

Can a postnuptial agreement be amended? The nuptial agreement can be amended, but it must comply with the law. If the parties need to revise the content of the agreement for various reasons, they should negotiate and formulate a written agreement, and then apply to the local marriage registration authority for amendment.

The amended agreement also needs to meet the requirements of the law, otherwise it will not have legal effect.

A postnuptial agreement is legally valid, but its validity is limited to a certain extent, and it can only be recognized if it complies with the law. When drafting and signing a postnuptial agreement, both parties should pay attention to abide by the laws and regulations, especially not to violate the principle of freedom of marriage, otherwise the agreement will be deemed invalid. At the same time, the modification of the content of the agreement must also comply with the law, otherwise the amended agreement will also have no legal effect.

[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 marriage agreement should be based on the principles: equality, voluntariness, legality, honesty and credibility, and the legal effect of the marriage agreement takes effect. It must not violate the mandatory provisions of the law and social order and good customs; Finally, in principle, the agreement shall enter into force after it is signed or sealed by both parties, unless otherwise specified in the agreement.

Article 143 of the Civil Code: A civil legal act that meets the following conditions is valid: (1) The actor has the corresponding capacity for civil conduct and demolition; 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.

A postnuptial agreement is protected by law. The postnuptial agreement signed by the husband and wife may be notarized or witnessed by a lawyer. A postnuptial agreement refers to an agreement signed by the husband and wife after marriage to stipulate the ownership of their respective property and common property.

It is mainly an agreement on the property and debts of both parties, so as to avoid disputes after divorce or because of the death of one party. The agreement should be in writing and binding on both parties with respect to property acquired during the marriage and property before the marriage.

[Legal basis].

Civil Code of the People's Republic of China Article 1065 A man and a woman may agree that property acquired during the existence of the marital relationship and property before marriage shall be owned separately or jointly, or partly separately and partly jointly. The agreement shall be in writing.