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What is the legal effect of the prenuptial agreement

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What is the legal effect of the prenuptial agreement


        

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  • 2024-06-27 02:01:42

    According to the Marriage Law of China and relevant judicial interpretations, the agreement of the husband and wife on the property obtained during the marriage relationship and the premarital property is binding on both parties. This is only for property, and does not include the custody of children. And it is required that both parties express their true intentions without violating the provisions of national laws and regulations. Whether the prenuptial agreement is effective depends on what your agreement is. That is to say, the matters agreed by you must be legal and the true intention of both parties without any fraud or coercion. Of course, if it is a prenuptial property agreement, there is also a legal basis. Article 19 of the Marriage Law of the People's Republic of China stipulates that: "Husband and wife may agree that the property acquired during the marriage relationship and the pre marital property shall belong to their own, joint, or part of their own, or part of their joint ownership. The agreement shall be in writing. If there is no agreement or the agreement is unclear, the provisions of Articles 17 and 18 of this Law shall apply." "The agreement between husband and wife on the property acquired during the marriage relationship and the pre marital property is binding on both parties.", The law has no mandatory provisions. It is wrong to think that an agreement is valid only after being notarized. Whether it is notarized or not is up to your party to decide. Of course, the notarized agreement will have stronger legal effect, but it is not absolute. Generally, a notarized agreement will be adopted by the court if there is no evidence to the contrary. The legal effect of prenuptial agreement in China and the West is different, such as the child custody right and alimony payment that can be agreed before marriage in the West, but these are invalid in our laws. The legal effect of a prenuptial agreement depends on the content of the agreement.

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