Is the marriage agreement signed before marriage valid?

離婚求償Core content: our country marriage law stipulates, husband and wife can agree the property that the property that obtains during marital relationship existing under contract and premarital property belong to severally, jointly or partly severally, partially jointly. The agreement between the parties shall be in writing and binding upon both parties. Below, the law express small make up through a case for you to introduce in detail about the validity of the marriage agreement signed before marriage. Case introduction: shen mou and zhou mou former classmate of the department of middle school, after the establishment of a romantic relationship, the two sides signed a marriage agreement on August 27, 2008, agreed that after m感情破壞arriage, shen mou bought a house and all things inside the house for the two parties jointly owned property, the balance of the payment for goods by both sides, and agreed that the agreement will take effect from the date of signing. On September 10, 2008, the couple registered their marriage and held a wedding ceremony. However, although they were classmates, their personalities were quite different. After 12 days of marriage, they fell into conflict and began to live apart. Shen appealed to the court for divorce, zhou mou signed a marriage agreement between the two parties, asking the property as a husband and wife common property division. Dispute focus: whether the marriage agreement signed between the two parties has感情挽回 legal force? Two different perspectives emerged in the process. The first view holds that the marriage agreement is valid. The reason is that according to article 19 of the marriage law of the People’s Republic of China, husband and wife may agree that the property acquired during the period of their marriage and the pre-marital property shall be in their respective possession, joint possession or partly separate possession or partly joint possession. The agreement between husband and wife on the property acquired during their marriage and the property before marriage shall be binding upon both parties. The agreement shall be in writing. In this case, shen mou and zhou mou concluded an agreement in written form to make a設計離婚n agreement on shen mou’s property before marriage, which is in accordance with the provisions of article 19 of the marriage law and has binding force on both parties. The second view is that the agreement is invalid. The reason is that the marriage relationship is a personal relationship, which cannot be conditional. The agreement between the two parties cannot come into force upon signature, but based on the marriage relationship. If the relationship between the two parties is not established, the agreement will not come into force. Although article 19 of marriage law stipulates that property can be agreed between husband and wife, the premise of the agreement is that both parties have already been husband and wife. In 第三者排除this case, the two parties have not handled marriage registration when signing the agreement, and the agreement is invalid because of the violation of legal provisions, and therefore cannot be divided according to this agreement. The marriage agreement signed between the two parties shall be valid. First of all, the two sides of the establishment of marriage and the formation of husband and wife relationship. The so-called husband-wife relationship refers to the status of husband and wife in the family and their mutual rights and obligations, including personal relations and property relations. After men and women become husband and wife, they have certain legal relationship with each other, such as mutual loyalty, mutual感情諮商 maintenance obligation and mutual inheritance right. Article 13 of the marriage law stipulates that “the property acquired by the husband and wife during their marriage relationship shall be jointly owned by the husband and wife, unless otherwise agreed by both parties. To sum up, husband and wife can conclude a contract on property in writing. Secondly, the contract is in effect. Article 7 of the contract law of the People’s Republic of China stipulates that in entering into and performing a contract, the parties shall abide by the laws and administrative regulations, respect social morality, and shall not disrupt social and economic order or damage social and public interests. 1. One party entered into a contract by me尋人查址ans of fraud or coercion, thereby harming the interests of the state; 2. Malicious collusion to harm the interests of the state, the collective or a third party; 3. Cover up illegal purposes in legal forms; 4. Harm public interests; 5. Violate mandatory provisions of laws and administrative regulations. In this case, the marriage agreement concluded between shen and zhou is not invalid. Thirdly, agreed property system is the husband and wife through the agreement to determine the property rights system. The agreed time may be before marriage or after marriage, and the agreed property may be the property acquired before marriage or during the period of marriage, and the property ownership relationship may be jointly or sev尋親erally owned, or partially or severally owned. According to China’s current judicial interpretation, the written agreement and non-controversial oral agreement made by both husband and wife with respect to property relationship, except for evading the law, are effective agreements and legally binding on both husband and wife. Finally, a legally formed contract becomes effective upon its establishment. The parties may stipulate that the validity of a contract is subject to conditions. A contract subject to conditions of entry into force shall become effective when the conditions are fulfilled. A contract subject to conditions of termination shall become invalid when the conditions are fulfilled. Signed with the weekend in 筆跡鑑定this case is a marriage agreement is unmarried, but after the agreement concluded between the two sides established a relationship, which has the property relations between husband and wife, although the agreement form for the marriage agreement, make the person produces the understanding of the conditional marriage convention, but its essence content does not exist the weekend to get property with shen the purpose of a marriage or scams. The agreement signed by both parties before marriage is of course binding, that is, a kind of agreement on pre-marital property. On the contrary, if the two parties are not married, there will be no marital relationship between them, let alone the agreement on joint property between the 侵權調查husband and wife.

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