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Does the pre marital property and post marital agreement have legal effect on the other party

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Does the pre marital property and post marital agreement have legal effect on the other party


        

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  • 2024-06-26 02:00:49

    The prenuptial property agreement to the other party after marriage is valid. According to the law, the husband and wife can agree on property. Effective issues concerning the effectiveness of pre marital property and post marital agreement to the other party: the following aspects should be paid attention to when both men and women sign the pre marital property agreement:
    (1) The meaning of the agreement should be clearly stated, which is required by any kind of agreement, as is the requirement for prenuptial property agreement. Moreover, the prenuptial property agreement, based on the particularity of the identity of the parties who signed it, has a clear meaning and will not cause unnecessary contradictions and estrangement due to disputes over the understanding of the agreement in the future. At the same time, the contents of the agreement should be clear in the following aspects: First, the scope of premarital property should be clear. Second, the proportion of premarital property shared after marriage is clear. Third, the property description should be clear.
    (2) The conditions are clearly set. If there is no special agreement on the effectiveness of the agreement, it generally takes effect after marriage registration. As for the prenuptial property agreement, it means the agreement signed by both men and women to live together after marriage, that is, marriage registration should be the effective element.
    (3) . The agreement should be standardized and clear, and the meaning should be expressed clearly and clearly, so as to avoid disputes.
    Legal basis
    Article 19 of the Marriage Law of the People's Republic of China
    The husband and wife may agree that the property acquired during the marriage relationship and the premarital property shall belong to their own ownership, joint ownership, or part of their own ownership, part of their joint ownership. The agreement shall be in writing. In the absence of an agreement or unclear agreement, the provisions of Articles 17 and 18 of this Law shall apply. 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. If the husband and wife agree that the property acquired during the marriage relationship shall belong to each other, and the debt of the husband or wife to the outside world, and the third person knows the agreement, the property owned by the husband or wife shall be used to pay off.

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