The marital property agreement is valid as long as it is an expression of the true intention of both parties and does not violate the law.
The contract is signed voluntarily by both parties, which does not violate the prohibitive provisions of the law, and has effect on both parties. The parties can choose whether to notarize, and whether to notarize does not affect the validity of the contract, unless both parties explicitly agree that the notarization takes effect.
Notarization has two functions: one is the legality and validity of the contents of the notarization agreement; the other is that the notarization parties sign the agreement voluntarily without threat or coercion. If conditions permit, notarization is recommended.
The marital property agreement signed by the husband and wife does not take notarization as an effective element. Many people believe that the marital property agreement needs to be notarized. If it is not notarized, the marital property agreement cannot be established or become invalid. In fact, this view is wrong. Our country's law has never stipulated that the marital property agreement should take "notarization" as the prerequisite for its effectiveness. That is to say, as long as the parties agree on their intentions, the content of the agreement does not violate the law. Whether the written agreement is notarized or not, it has legal effect. However, the notarized prenuptial property agreement has higher probative power.
It is not important to notarize the agreement. What is important is to agree on the content of the marital property agreement. If you are more careful, you'd better entrust a lawyer to draft according to the specific conditions of both parties. There is no need to spend money to notarize the marital property agreement.
With regard to the issue of whether the property agreement signed by the husband and wife during the marriage relationship can be notarized, the notary office clearly listed "notarization of the agreement on the property agreement between husband and wife" as a characteristic service.
The notary office can handle the notarization of the "marital property agreement notarization" in two forms: one is that the unmarried men and women reach an agreement before marriage registration, and the other is that the husband and wife reach an agreement during the existence of the marriage relationship, and handle the notarization.
