Free Divorce Consultation In a marital relationship, in order to protect the rights and interests of both parties, many couples will choose to enter into various agreements, the more common of which include "fidelity agreements", "marital property agreements" and "prenuptial property agreements". But what exactly are the legal effects of these agreements?
The legal validity of the "fidelity agreement" between husband and wife
"Fidelity agreement" usually refers to an agreement signed by the husband and wife during the marriage relationship to restrain the behavior of the other party, which often contains provisions such as financial penalties for the defaulting party. However, the Supreme People's Court has clearly pointed out in relevant judicial interpretations that the "loyalty agreement" between husband and wife cannot be used as a basis for determining the rights and obligations of both parties, nor can it be used as a basis for dividing the joint property of the husband and wife.
This is because "loyalty agreements" often involve personal relationships and moral categories, and the law cannot enforce the feelings and morals of individuals. Therefore, even if the two parties have signed a "loyalty agreement", it is difficult for the other party to pursue its liability through legal means after one party breaches the contract.
The legal effect of a marital property agreement
In contrast to the "fidelity agreement", the legal validity of the marital property agreement is clearly affirmed. A marital property agreement refers to an agreement reached between the husband and wife on matters such as the ownership, management, use, income, and disposal of the joint property of the husband and wife during the existence of the marital relationship.
According to the provisions of the Marriage Law, the spouses may agree that the property acquired during the marriage and the property before the marriage shall be owned separately or jointly or partly separately and partly jointly. This agreement is legally binding on both parties. Therefore, as long as the content of the marital property agreement does not violate the mandatory provisions of laws and administrative regulations, and does not harm the public interest and the interests of third parties, it is legal and valid.
The legal effect of a prenuptial property agreement
A prenuptial property agreement is similar to a marital property agreement in that it is an agreement between the spouses on property matters, but it is signed before the marriage. The prenuptial property agreement mainly clarifies the property owned by the parties before the marriage and the ownership of the property after the marriage.
Similarly, prenuptial property agreements are legally binding under the Marriage Act. As long as the content of the agreement is legal, the intentions of both parties are true, and it does not violate public order and good customs, it is legal and valid. In the event of a divorce, a prenuptial property agreement can be used as one of the grounds for dividing property.
The main difference between a marital property agreement and a prenuptial property agreement is when it is signed and how it takes effect:
Date of signingThe marital property agreement is signed during the marriage, that is, after the marriage and before the divorce; Whereas, a prenuptial property agreement is entered into before marriage.
How it worksIn the absence of a special agreement, the marital property agreement shall take effect immediately without attaching the requirements for its validity; On the other hand, a prenuptial property agreement is subject to the condition of validity, that is, the marriage relationship is established. Only when both the man and the woman have completed the marriage registration formalities will the conditions for the prenuptial property agreement to take effect be fulfilled and the prenuptial property agreement will come into force.
The roles of marital property agreements and prenuptial property agreements are also different。The main function of the matrimonial property agreement is to clarify the ownership of the property acquired by the husband and wife during the existence of the marital relationship, and to stipulate the ownership of the existing and future property; On the other hand, the prenuptial property agreement mainly clarifies the property owned by the parties before the marriage and the ownership of the property after the marriage.
Couples should carefully choose the type and content of the agreement when entering into the agreement。Compared with "fidelity agreements", "marital property agreements" and "prenuptial property agreements" are more legally valid and reliable. By signing these agreements, the property rights and interests of both parties and the stability of the marital relationship can be better protected. Before entering into any agreement, it is best to consult with a professional lawyer to ensure the legality and validity of the agreement.