How to write a husband and wife agreement is effective
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How to write a husband and wife agreement is effective
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The marriage agreement shall be based on the principles of equality, voluntary, legal, honest and facilities, consistent consultation, and the legal validity of the marriage agreement.
First of all, the signing of the agreement requires the voluntary equality between the parties to the parties, and what it means is their true meaning, there are no reasons for coercion, fraud and other reasons; In principle, the agreement is effective after signing or stamping between the two parties, except if there are other regulations in the agreement.
If parties to the marriage agreement are voluntary and express their true meaning. If there must be a legitimate behavior obligations agreed by the couple with a legal marriage relationship, the liability for breach of contract, the personal rights and obligations of the husband and wife, or the property rights and obligations, there is no coercion Criminals and other reasons cannot violate legal provisions and social order and good customs. The agreement is effective after signing or sealing by both parties.
extension information
The agreement of the agreement of the joint property distribution of the husband and wife is as follows:
Party A: Model, male, born in a certain month and one day, Han nationality, live in somewhere in a certain city
ID card number:
Party B: Model, female, born one year, one day, and one day, Han nationality, live in a certain city
ID card number Register to get married somewhere. In order to avoid disputes, the two parties now make the following agreements:
1, all the property before the marriage of the two parties is owned by each, including housing (location, real estate certificate number), deposit (amount, bank), equity (detailed explanation in detail explanation ) And other property (should be explained one by one);
2, Party A purchased with his own deposit before marriage, and in XXXX year XX month XX daily property registration [Real Estate Certificate Number: X -housing X -like Xxxx) No. 1 XXXX], Located in XX, XX, XX, XX, X, XX, XX, XX, and the ownership of the house. property.
The two copies of this agreement, after signing by both parties, have legal effect.
Party A:
Party B:
xxxx year x month x day
Reference information Source: Baidu Encyclopedia-Marriage Agreement
The marriage agreement shall be based on the principles of equality, voluntary, legal, honest and facilities, consistent consultation, and the legal validity of the marriage agreement.
First of all, the signing of the agreement requires the voluntary equality between the parties to the parties, and what it means is their true meaning, there are no reasons for coercion, fraud and other reasons; In principle, the agreement is effective after signing or stamping between the two parties, except if there are other regulations in the agreement.
If parties to the marriage agreement are voluntary and express their true meaning. If there must be a legitimate behavior obligations agreed by the couple with a legal marriage relationship, the liability for breach of contract, the personal rights and obligations of the husband and wife, or the property rights and obligations, there is no coercion Criminals and other reasons cannot violate legal provisions and social order and good customs. The agreement is effective after signing or sealing by both parties.
The expansion information
The guarantee of the guarantee has legal effect, and the three conditions that must be met
1. The guarantee is the true expression of the person's true meaning; ;
3. The content of the guarantee does not violate the principle of public order and good customs. The guarantee of the guarantee on the issuance of people's faults can be used as a direct evidence that claims the emotional rupture and the opponent's fault. It has an important proof of the divorce litigation.
Reference information Source: Baidu Encyclopedia-Marriage Agreement
You are going to ask the property agreement before marriage.
Me before marriage property agreement shall include:
1, the basic situation of the name, gender, occupation, address, etc. of the parties; , Status, etc.;
3, the ownership of the pre -marital property;
4, the principle of the use, maintenance, and punishment of pre -marital property;
5, other agreements, if the agreed on how to claim pre -marital debt, pre -marital property The agreement of the ownership of the interest.
It to ensure that the agreed agreement of the property is legal and valid, the following items should be paid attention to:
1. In the notarization of the pre -marital property agreement, the parties shall personally apply for the notary office to apply for it, and shall not entrust others to agency;
2, pre -marital property The agreement cannot agree on the property of others, especially the remarriage;
3, the parties should have the corresponding civil behavior capabilities, the meaning of the meaning is true, no coercion, no fraud; Appropriate words, signing and sealing on the agreed book should be true.
The proof materials that husband and wife should provide in the notarization of pre -marital property agreements include the following:
1, the applicant's identity certificate (identity card or hukou is thin);
2, married couple's marriage certificate Or the relationship of husband and wife relationship;
3, the agreed book of property;
4, the property right certificate of the property, such as the real estate certificate of all individuals.
Legal basis:
"Marriage Law" Article 19
[Property agreement of husband and wife] The property that husband and wife can agreed to the marriage relationship and the property before marriage belong to each, common ownership or part of each of their own, common ownership or part of their respective ownership Some of the common ownership. The agreement shall be made in writing. If there is no agreement or an agreement is unclear, the provisions of Article 17 and 18 of this Law are applicable.
The property and agreement on the property obtained during the duration of the marriage relationship and the agreement of pre -marital property are binding on both parties.
The property agreed on the property obtained during the existence of the marriage relationship is attributed to the owners, and the third party knows the agreed debt that should be loses to the debt of the husband or wife.
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It is necessary to recognize each other, sign the consent of jointly, and based on a fair basis, so that no disputes will be up in the future.