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Not married is protected by law


        

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  • 2024-06-21 17:00:49

    According to the Marriage Law of China and relevant judicial interpretations, the agreement between 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 or not depends on what is agreed in the agreement, that is, the agreed matters must be legal, the true intention of both parties, and there is no fraud or coercion.
    When the content of the prenuptial agreement meets the above two conditions, the prenuptial agreement is valid even if it has not been notarized.
    Whether the agreement needs to be notarized or not, there is no mandatory provision in the law, and whether it is notarized or not is up to the parties themselves.
    Of course, the legal effect of the notarized agreement will be higher and more secure. Generally, the notarized agreement will be accepted by the court if there is no evidence to the contrary.
    Paragraph 2 of Article 19 of the Marriage Law of the People's Republic of China
    The agreement between husband and wife on the property acquired during the period of marriage and the property before marriage shall be binding on both parties.

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