How to write the loyalty agreement between Ningbo husband and wife
1. first figure out what the loyalty agreement says.
Loyalty agreement between husband and wife, usually the two sides of the marriage agreed to remain faithful to each other, if one party derailment and other breach of contract, will bear compensation, property less or to the other side and other consequences. It is essentially a private agreement between husband and wife on marriage loyalty, not a standard legal document template, there is a lot of room for autonomy in writing.
Before writing, you must first think about the purpose: whether you want to add a constraint to the marriage, or leave a basis for the division of property in case of divorce. The purpose is different, the writing focus is also different. It is two sets of ideas to use it as an anti-derailment insurance and as a divorce plan. Before writing, think clearly that you can avoid many detours.
2. what is valid and what is considered invalid
in judicial practice, some courts will deal with the terms of property ownership or compensation for breach of contract according to the agreement of husband and wife's property and recognize its validity. However, any content involving restrictions on personal rights, such as giving up custody of children upon breach of contract and not allowing divorce, will basically be deemed invalid. This should be especially careful.
The reason is that custody and freedom of divorce are personal rights and cannot be deprived in advance by an agreement. What the loyalty agreement can bind is mainly the arrangement at the property level. If the boundary is crossed to personal coercion, the provisions will not hold water and may even affect the perception and credibility of the whole agreement.
How to write a 3. property agreement to be more stable
in order to make the agreement more stable, it is recommended to focus on specific property: for example, if one party has an improper relationship with the heterosexual outside marriage, a property under the name belongs to the other party, or the breaching party voluntarily compensates a certain amount. The amount and property should be clearly stated and specific to avoid vague expressions. The more specific, the less likely it is to wrangle when performing.
At the same time, the evidence that both parties signed voluntarily and without coercion is retained. The clearer the property agreement and the less personal penalties attached, the higher the likelihood of it being adopted by the court. The vague four words of clean body and leaving the house are the easiest to roll over in litigation, because the court cannot determine who should take what.
4. don't include a few types of terms in the agreement.
First, don't write clauses that restrict the freedom of divorce or waive custody rights. Such personal coercion is invalid and lowers the credibility of the entire agreement. Second, don't write insulting and punitive huge compensation. It may be deemed unfair, but the original effective part will also be implicated.
Third, don't link the agreement to improper behavior such as violence and stalking. A loyalty agreement should be a peaceful property arrangement, and once it contains coercive or illegal content, it will not only be invalid, but may in turn be detrimental to the plaintiff, or even lead to security or criminal troubles, which outweighs the gains.
What should I pay attention to when signing and retaining 5.
It is desirable to have two non-interested witnesses at the time of signing, or to have audio and video recordings of the signing process, certifying that it is voluntary. The original agreement shall be properly kept and the electronic version shall be backed up. If the amount is large, you can consider notarizing the husband and wife's property agreement to enhance persuasiveness and facilitate presentation to the other party or the court in the future.
Ningbo local parties can first go to the district marriage registration office to consult the property agreement related matters, or to the notary agency to understand the notarization process. It is much more effective to standardize the form in advance than to explain repeatedly in court afterwards that I am voluntary, and it can also save a lot of effort to prove evidence.
6. the loyalty agreement is signed, can the other party cheat directly let him clean out of the house?
Can't. Even if the agreement states that the breaching party is out of the house, the court will still review the specific direction and fairness of the property agreement and will not mechanically copy it. General expressions such as clean body and leaving the house are the easiest to be discounted because they are not specific, and the final sentence is often far from what you think.
A safer approach is to write down in the agreement which property, how much compensation to whom, and the standard of proof for derailment. To make it clear, it is better to protect your actual interests than shouting to leave the house, and it is easier to be accepted by the other party and recognized by the court, and to take a lot of wrong roads.
7. Ningbo Local Handling and Consultation Guidelines
the loyalty agreement itself is not compulsory registration, but if it involves a change in the ownership of the property, the subsequent transfer must be handled at the Ningbo Real Estate Registration Center. If there is any dispute over the validity of the agreement at the divorce stage, you can apply for mediation at the pre-litigation mediation window of Ningbo court. Family cases will be given priority for mediation. If you can negotiate, you don't have to go to court.
The Ningbo family trial also has a family investigator and psychological counseling mechanism. For couples with greater emotional disputes, the court can entrust investigators to understand the facts and arrange psychological counseling to help both parties deal with property and emotional arrangements in a more stable state, and reduce Confrontation and improve the possibility of agreement performance.
8. General Attitude from Ningbo Open Referee
in practice, the Ningbo area generally recognizes the validity of the property agreement in the loyalty agreement, but will review whether it is voluntary and unfair; clauses with personal coercion or excessive punishment are usually not adopted, and will not fully support the other party's claim because one party is derailed.
The court pays more attention to whether the agreement reflects the true meaning and whether the property is clearly directed. Therefore, a loyalty agreement that only talks about property and does not bind the person goes further in practice than a version full of emotional punishment, and is easier to be accepted by the other party and recognized by the court.
9. operational steps
before writing, list the specific property and breach of contract to be agreed, write in neutral language, without personal coercion. When signing, leave a witness or video, put the original away, and don't let it go so that you can't find it at the critical moment, wasting all the preparations in front of you.
If you have any questions, you can go to Ningbo marriage registration office or notary office to consult the form requirements first. If you have already got a divorce, go to Ningbo court to mediate before litigation, and settle the validity of the agreement and the division of property together, it is more labor-saving than hard litigation, and you can also control the contradiction within a certain range and not completely tear your face apart.
Practical Experience of 10. Lawyers
before writing a loyalty agreement, think about what it says and what your purpose is: whether to add a constraint to the marriage or leave a basis for the division of property in case of divorce. The purpose is different, and the focus of writing is also different. Taking it as an anti-derailment insurance and as a divorce plan are two sets of ideas. Before writing, I want to understand that I can avoid many detours. There should be a basic orientation: the loyalty agreement is essentially a private agreement between husband and wife on loyalty, not a standard document, and there is a lot of room for autonomy in writing, but the real constraint is mainly on the property level, and the provisions cannot stand if they cross the border to personal coercion.
In order to make the agreement more stable, the property agreement should be as specific as possible: state that if one party has an improper relationship with the heterosexual outside marriage, a certain property under the name belongs to the other party, or how much the defaulting party voluntarily compensates, the clearer the amount and property direction, the less likely it is to wrangle when performing, and the higher the possibility of being adopted. On the contrary, the four words "clean and out of the house" are the least specific and most likely to be discounted in court. It should also be noted that several types of content must not be written: clauses restricting the freedom of divorce or giving up custody, insulting and punitive huge compensation, and content linking agreements to improper acts such as violence and stalking, which are either invalid or, in turn, unfavorable to the claimant.
In form, efforts should also be set aside: it is better to have two witnesses who have no interest in signing, or to make audio and video recordings of the signing process to prove that they are voluntary; The original agreement shall be properly kept and electronically backed up. If the amount is large, you can consider notarizing the husband and wife's property agreement to enhance persuasion. The experience is that standardizing the form in advance is much more effective than repeatedly explaining "I am voluntary" in court afterwards, and it can also save a lot of effort to prove evidence. If you really want to claim, you should also have reasonable expectations. The agreed compensation and the legal divorce damages are two different ways. If the terms can't stand, you can return to the legal channel.