With the public's awareness of the rule of law becoming stronger, many parties to a marriage sign various written agreements such as "Marital Property Agreement", "Letter of Guarantee" and "Loyalty Agreement" before or after marriage to ensure their rights and interests. However, when signing these agreements, it is also necessary to pay attention to the content and form of the agreement, so as to avoid the signed agreement becoming a blank slate because of these details. Recently, a lawyer helped a client who was forced to sign an "unfair marital agreement" to successfully keep his pre-marital property.
[Basic Facts of the Case].
The man and the woman met on the Internet, quickly confirmed the relationship through three months of chatting, and went through the marriage registration, and gave birth to a daughter two years after marriage. During the woman's pregnancy, the man had an argument with the woman's mother, and the woman's mother ran away from home, and the woman was angry and forced the man to sign a nuptial agreement on the grounds that "if you do not agree to sign a nuptial agreement, you will kill the child in the womb", stipulating that the man promised that if the marriage changed, the woman would get a 50% share of the man's pre-marital property. Less than a year after the agreement was signed, the woman applied to the court for divorce and claimed that the property should be divided according to the marital agreement signed by the two. In order to keep his pre-marital property, the man found Jiawen Law Firm and entrusted lawyer Yang Lan to fight for his rights.
[Case handling process].
After receiving the client's entrustment, lawyer Yang Lan carefully reviewed the agreement provided by the husband and the chat records between the two parties about the agreement, and gave a solution to the validity of the marital agreement. We mainly argue that the marital agreement is invalid because the man is threatened by the woman to "kill the child if he does not sign" and that "if the marriage changes, the share of this property is half of that of Party B". The judge also accepted our point of view on the basis of the evidence presented by us, and rejected the woman's claim to take half of the man's share of the premarital property.
Legal Gas Station [Home Asks Saying].
A marital property agreement is an agreement between husband and wife to stipulate the ownership of joint property. With the increasing awareness of social law, more and more couples choose to sign marital property agreements to clarify the joint property of husband and wife and protect the rights and interests of both parties, whether it is to avoid property disputes, or based on the consideration of appropriate property compensation based on the existence of marital fault of one party and the protection of the rights and interests of the other party, it has become a relatively common choice for couples to sign marital property agreements. However, there are many legal risks that need to be aware of when drafting and signing a valid matrimonial property agreement.
1. Only the property between the husband and wife can be agreed, personal property can be agreed, or joint property can be agreed, and the content of the property must be clear and unambiguous but cannot involve the property of a third party, for example, the real estate in the name of the man's parents is agreed to be owned by the woman, and the agreement is invalid.
2. The content of the agreement cannot involve personal relationships. For example, in the event of infidelity, domestic violence and other faulty behaviors, the custody of the child belongs to the other party;For another example, if one party cheats again, he will leave the house, and such an agreement is invalid.
3. The content of the agreement shall not be subject to any effective conditions. For example, "if divorced", "if xxx cheats in the future", etc., the conditional marital property agreement is often found by the court to be invalid or not effective, and the content of the agreement should not be linked to "marital loyalty" and "divorce", which is easy for the court to characterize the agreement as a loyalty agreement.
4. It is very important to make clear who bears the debt, although the agreement is not effective externally, but after one party bears joint and several liability for the joint debt, it is possible to claim recovery from the other party based on the divorce agreement or the legal documents of the people's court.