Should maintenance agreements be fair? Does the maintenance agreement need to be notarized

Notarization is not a condition for the maintenance agreement to take effect, as long as it conforms to the true intentions of both parties and does not violate the provisions of the law, it will have legal effect. After the divorce, if both parents agree to change the custody of the child through consultation, they need to sign a "Modification of Custody Agreement". Since the Divorce Agreement signed by both parties has been filed with the marriage registration department, the Modification of Custody Agreement is a major modification of the content of the Divorce Agreement, and in addition, the change of custody is a major change in personal relations, and the relevant departments require the notarization of the Modification of Custody Agreement signed between the divorced man and woman out of prudence.

The Rules of Notary Procedure stipulate that an application may be accepted by a notary public if the following conditions are met: (1) the applicant has an interest in the matter for which the notarization is applied; (2) There is no dispute between the applicants on the matters to be notarized; (3) The matters to be applied for notarization meet the scope provided for in Article 11 of the Notary Law; (4) The matters to be applied for notarization comply with the provisions of Article 25 of the Notary Law and the scope of notarization business that the notary public can accept in its practice area.

Legal basis: Article 19 of the Rules of Notary Procedure may accept an application that meets the following conditions: (1) the applicant has an interest in the matter for which the notarization is applied; (2) There is no dispute between the applicants on the matters to be notarized; (3) The matters to be applied for notarization meet the scope provided for in Article 11 of the Notary Law; (4) The matters to be applied for notarization comply with the provisions of Article 25 of the Notary Law and the scope of notarization business that the notary public can accept in its practice area.

1. A bequest and maintenance agreement is an agreement entered into between the testator and the supporter to clarify the rights and obligations between the bequest and support.

2. The legatee is in need of support from others and is willing to bequeath all or part of his lawful property to the dependent; A person who fulfills the obligation to support the legatee and accepts the bequest is the dependent.

3. The notarization of the bequest and maintenance agreement is the act of the notary office to prove the authenticity and legality of the bequest and maintenance agreement signed by the parties in accordance with the law.

4. According to the laws of our country, the bequest and maintenance agreement does not need to be notarized, and the legatee and the dependents have full civil capacity and both parties can express their intentions truly and voluntarily;

5. If the bequest and maintenance agreement is notarized, both parties should apply in person to the notary office, and if the legatee has real difficulties, the notary public can go to his place of residence to handle it.

6. After the notarization of the bequest and maintenance agreement is concluded, the legatee shall not dispose of the bequeathed property without the consent of the bequester, and the supporter shall not interfere with the legatee's disposition of the unbequeathed property.

Legal Analysis: Maintenance agreements can be notarized. The parties reach an agreement through negotiation, and the child custody agreement can be notarized at a notary office.

The Rules of Notary Procedure stipulate that an application may be accepted by a notary public if the following conditions are met: (1) the applicant has an interest in the matter to be notarized.

Legal basis: Article 31 of the Notarization Law of the People's Republic of China In any of the following circumstances, the notary public shall not handle notarization:

1) Persons who lack capacity for civil conduct or who have limited capacity for civil conduct, and who have no guardian to apply for notarization;

2) The parties have no interest in the matter for which the notarization is applied; Suspicion.

3) The matters applied for notarization are professional and technical appraisal and evaluation matters;

4) There is a dispute between the parties on the matters to be notarized;

5) The parties fabricate or conceal facts, or provide false supporting materials;

6) The supporting materials provided by the parties are insufficient or they refuse to supplement the supporting materials;

7) The matters applied for notarization are untrue or unlawful;

8) The matter for which the application for notarization is contrary to social morality;

9) The parties refuse to pay the notary fee in accordance with the regulations.

Materials for notarization of bequest and maintenance agreement:

1) The identity certificate of the parties (legatees, dependents), ID cards, household registration books, etc.;

2) If the dependant is an organization, the qualification certificate of the organization, the qualification certificate of the legal representative and the identity certificate shall be submitted; **The person should submit a power of attorney and proof of identity;

3) Proof of the family members and the relationship between the legatee and the dependents issued by the personnel department of the unit where the legatee belongs; If the legatee does not have a work unit, the above certificate can be issued by the sub-district office of his domicile or the township people**;

4) Proof of the dependent's family members, economic status and relationship with the legatee issued by the personnel department of the unit's employer;

5) Proof of ownership of the bequeathed property (such as house ownership certificate, deposit receipt, valuable**, etc.) and property list;

6) Draft bequest and maintenance agreement;

7) Other relevant supporting materials that the notary deems necessary to be provided by the notary.

1. Is the bequest and maintenance agreement valid if it is not notarized?

A bequest and maintenance agreement does not necessarily need to be notarized, as long as the parties reach an agreement to form a legal effect. For the notarization of the bequest and maintenance agreement, both parties shall apply in person to the notary office of the domicile of the testator or dependent. If the legatee is unable to attend the notary office in person due to old age, illness or other reasons, the notary public may go to his residence to handle the matter.

To notarize the bequest and maintenance agreement, the parties should submit the following documents and materials:

1.Proof of identity (ID card, household register, etc.) of the parties (legatees, dependents, etc.). If the dependents are collectively owned organizations, they should submit the certificate of legal personality and the identity certificate of the legal representative, and the ** person should submit the power of attorney and identity certificate);

2.Proof of the circumstances of the family members and the relationship between the legatee and the dependents issued by the personnel department of the legatee's unit. If the legatee does not have a work unit, the above certificate can be issued by the sub-district office of his domicile or the township people**;

3.Proof of the dependent's family members, economic status and relationship with the legatee issued by the personnel department of the unit's employer;

4.Proof of ownership of the bequeathed property (e.g. house ownership certificate, deposit receipt, valuable**, etc.) and a list of the property;

5.Draft bequest and maintenance agreement.

Civil Code of the People's Republic of China

Article 1158:Natural persons may sign bequest and maintenance agreements with organizations or individuals other than their heirs. According to the agreement, the organization or individual undertakes the obligation of the natural person to support the dead and bury, and enjoys the right to receive a bequest.

Legal Analysis: The content of the notarial certificate of child custody shall include:

The maintenance agreement mainly includes the following points:

1) the custody of the child;

2) The amount of child support, the method of payment of child support, and the handling of changes in child support;

3) Provisions on visitation rights;

4) Other agreed matters.

After child support has taken legal effect, due to the changing nature of life, a request may be filed for an increase, decrease or exemption of child support when the parents' economic situation, their ability to support them and the actual standard of living of the society change.

The reasons for the child's request for increased child support are included and included

1) The amount of alimony originally set is insufficient to maintain the actual standard of living in the locality;

2) Due to the child's illness, schooling, etc., the actual needs have exceeded the original amount. A maintenance agreement is an agreement between the testator and the supporter that the supporter bears the family transportation obligation of the legatee's life, maintenance, death and burial, and the property of the testator is transferred to the dependant after his death. A bequest and maintenance agreement is a civil legal relationship of equality, compensation and mutual rights and obligations.

The bequest and maintenance agreement is a new legal system established by China's "Inheritance Law" and a new development of China's inheritance system.

Legal basis: Article 31 of the Inheritance Law of the People's Republic of China A citizen may sign a bequest and maintenance agreement with his or her dependent. In accordance with the agreement, the dependant bears.

Derivative question: Who is the subject of the bequest and maintenance agreement.

The Inheritance Act provides that a citizen may enter into a bequest and maintenance agreement with a dependent. According to the agreement, the dependant undertakes the obligation of the citizen's birth, death and burial, and enjoys the right to receive the bequest. The Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the Law stipulate that if the deceased has entered into a bequest and maintenance agreement with another person before his death, and at the same time has made a will, after the inheritance begins, if the bequest and maintenance agreement does not conflict with the will, the estate shall be handled in accordance with the agreement and the will respectively; If there is a conflict, it will be handled according to the agreement, and the will that conflicts with the agreement will be invalid in whole or in part.

Legal analysis: If the parties and interested parties of the notarization matter believe that there is an error in the notarization certificate, they may submit a review to the notary public that issued the notarial certificate. If the content of the notarial deed is illegal or inconsistent with the facts, the notary public shall revoke the notarial notice and make a public announcement, and the notarial deed shall be invalid from the beginning; If there are other errors in the notarial deed, the notary public shall correct them.

This declaration was made voluntarily by C, the intention is true and legal, and the content of the notarial deed is not illegal and consistent with the facts, so there is no revocable situation in the declaration.

Legal basisCivil Code of the People's Republic of China

Article 1123: After the commencement of inheritance, it shall be handled in accordance with the statutory succession; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.

Article 1127 The inheritance of the estate shall be in the following order: (1) the first order: the spouse, the children, and the parents; (2) Second order:

Siblings, grandparents, maternal grandparents. After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not inherit; If there is no first-order heir, the second-order heir shall inherit. For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren.

For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship. The term "siblings" as used in this Part includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

Legal Analysis: Format for Writing Notarial Deeds of Child Custody: 1

Body information: The specific matters determined through consultation include: (1) the basic information of the dependents and the determination of the supporting party; (2) the determination of the maintenance of dependents and the method of payment; (3) Agreement and exercise of visitation rights.

Legal basis: Article 1067 of the Civil Code of the People's Republic of China Where parents fail to perform their obligation to support them, minor children or adult children who are unable to live independently have the right to demand that their parents pay child support. Parents whose adult children do not fulfill their maintenance obligations, who lack the ability to move their children, or who have difficulty in living in a Zen posture, have the right to demand alimony from their adult children. He Yuan.