Does Ningbo Sign Marriage Property Agreement Divorce Count?

Will it be unlucky or uneffective to sign a property agreement before marriage? In fact, the prenuptial property agreement is a tool clearly recognized by the law, and it is written to protect both parties, not distrust.

The legal basis for the 1. of a prenuptial agreement

article 1065 of the Civil Code provides that a man and a woman may agree that property acquired during the marriage and pre-marital property shall be owned separately, jointly or partly separately or partly jointly, and that the agreement shall be in writing and shall be legally binding on both parties.

It can be signed before and during marriage.

Property agreements are not limited to pre-marriage, but can also be signed during marriage. The difference is that prenuptial agreements mainly clarify their respective premarital property, while marital agreements focus more on arrangements for post-marital income and debt assumption. In Ningbo, if the agreement involves local real estate, vehicles or company equity, it is recommended to directly state the real estate certificate number, license plate number and company name to leave a clear basis for future disputes.

What can 2. agree on

what can be agreed upon is mainly the ownership of property: who owns the property, deposits and equity before marriage, whether the income after marriage is jointly or separately owned, and how the appreciation of specific assets is distributed. As long as it is not illegal and does not violate public order and good customs, both parties can voluntarily.

Debt commitment can also be agreed.

The agreement may also provide for the assumption of marital debt, such as the personal burden of one party's business debt. However, the internal agreement cannot be used against bona fide creditors, and it is still possible for the external parties to pay off the common property before recovering it internally. According to Ningbo Intermediate People's Court's "case statement", "Divorced, how to calculate the" account "?" (2014-08-05): The debt agreement in the divorce agreement is invalid for the third party, but the party who actually pays off the debt can claim compensation from the other party according to the agreement afterwards.

3. must be in writing

property agreements are important acts, and oral agreements are difficult to confront third parties and difficult to prove. A written agreement stating the scope, vesting and date of signature of the property and being signed by both parties is the bottom line for entry into force and protection of rights.

1. The content should be specific and executable

it is too general to write "each property belongs to each other", and the dispute still needs to be proved item by item. It is best to list the house number, account, company equity and other specific targets to reduce future wrangling.

2. In addition to writing, attention should be paid to enforceability.

Oral agreements are invalid in principle, but writing alone is not enough; the content must be specific enough to be directly enforceable. Write their respective property to their own such general statements, landing will still be controversial. A safe practice is to attach a list of property, itemize the property location and warrant number, vehicle number, account opening bank and tail number, equity corresponding to the company name and shareholding ratio, and signed by both parties page by page.

The relationship between 4. and notarization

prenuptial agreements are valid without mandatory notarization, but notarization can significantly enhance the evidence, especially when large property and equity are involved. Notarization depends on the value of the subject matter and the needs of both parties, not a prerequisite for entry into force.

Under what circumstances is it recommended to do notarization

notarization is not an entry-into-force requirement, but it is worth doing in three cases: involving large amounts of real estate such as real estate, one party has a strong tendency to repent afterwards, and the complex property structure involves equity and foreign assets. Notarization can fix the time and true meaning of the signature, significantly reducing the risk of being claimed to be coerced or forged in the future, and the fee is usually charged as a percentage of the amount of the subject matter.

5. what conventions are written doesn't count.

The boundary of the validity of a property agreement lies in the ability to agree on property, but not on identity and legal obligations. Agreements that divorce may not be divorced, that divorce requires the payment of high liquidated damages, restrictions on visitation rights, exemption from the obligation to raise minor children, and agreements on the loss of property rights by whose surname the children will follow. Even if these clauses are signed by both parties, the court usually does not support them because they restrict the freedom of marriage or harm the interests of third parties and minors.

The other type of agreement is invalid for the purpose of avoiding debt. In the case of an existing external debt, the creditor may claim the revocation of the disposition of the property by a surprise agreement to return all the property to the insolvent party. The point of the agreement, the debt situation of both parties at the time, will be the focus of the review, so the sooner the property agreement is signed, the cleaner it will be.

6. case proof

in practice, both parties signed a written agreement before registering the marriage, specifying that the pre-marital real estate under their respective names, its fruits and value-added shall be owned by the individual. After the marriage, one party claimed that one of the real estate, whose value-added exceeds 1 million yuan in eight years, should be divided by 50% as common property. The court rejected the request according to the agreement and confirmed that the house and all value-added shall still belong to the original owner.

In practice, the husband and wife agreed in writing that the debts incurred by one party's operation shall be borne by the husband and wife, and the later creditors claimed as joint debts on the grounds of ignorance. The court found that the agreement could not oppose bona fide creditors externally and still paid off 600000 yuan with common property. After the actual repayment party bears more than 50% of its own share, it will recover 100 from the borrower according to the internal agreement to obtain support.

7. Risk Alert

• the oral agreement is not written and cannot be adduced in case of dispute.
• The content is too general and the specific subject matter is unclear.
• Mistake internal debt agreements against bona fide creditors.
• Coercion or apparent unfair signing, effectiveness challenged.
• Provisions involving identity relations (e. g. restrictions on divorce) are invalid.

8. FAQ

is the prenuptial property agreement not notarized valid?

Effective. Written form is the bottom line of entry into force, notarization is only to strengthen the force of proof, not necessary.

Can we agree to have our own income after marriage?

You can. The parties may agree on a separate property system, which is binding on both parties as long as it is written, voluntary and not illegal.

Can the agreement agree on the debt to one party?

Can agree to internal commitment, but not against bona fide creditors, external settlement can be internal recovery.

What is written and invalid?

Provisions that restrict the person (e. g. no divorce), dispose of other people's property and other illegal or contrary to public order and good customs are invalid.

Can the marital property agreement agree on their respective income?

Yes, this is a form of agreement expressly permitted by law, after which the respective wages, bonuses, investment income belongs to the individual. However, pay attention to the written signature and retention of the original, while agreeing on the way the family's daily expenses are shared, otherwise it is easy to dispute in real life because of who bears more of the household.

After signing the property agreement, can the other party still claim compensation for housework?

You can. Compensation for household chores is based on one party's independent claim to assume more obligations to raise children and care for the elderly, and is not ipso facto eliminated by property agreement, unless the compensation matters are explicitly dealt with in the agreement. The compensation amount for similar cases is mostly in the range of 10000 yuan to 80000 yuan, depending on the length of investment and the family's economic situation. In a case of remarriage and divorce of the elderly concluded by Ningbo Intermediate People's Court, the premarital property agreement did not stipulate compensation for housework. The woman took care of the family for 8 years. The court decided to compensate 100000 yuan based on the principle of fairness (according to Zhejiang Old People's Daily 2025-04-15).

Practical Experience of 9. Lawyers

the most frequently asked question of signing a property agreement before or during marriage is "whether it counts or not". The answer is: the law recognizes this kind of agreement, provided that it is in written form, both parties are voluntary, and the content is not illegal and does not violate public order and good customs. It can be signed either before marriage or during the marriage, with the former mainly clarifying their respective pre-marital property and the latter arranging more post-marital income and debt commitments. What really makes the agreement "invalid" is often not whether it is notarized or not, but whether it is written in too general terms-for example, if only one sentence is written "each property belongs to each other", it is necessary to prove it item by item when there is a dispute, which is equivalent to not writing it.

Therefore, it is more important to write down the agreement in detail than to struggle with whether to notarize it. The real estate is written on the location and real estate certificate number, the vehicle is written on the license plate number, the account is written on the opening bank and the tail number, and the equity is written on the company name and shareholding ratio, forming a list that can be directly controlled and executed, and signed by both parties page by page. It is best to leave marks in the signing process. If the amount of the target is large and involves the equity of the real estate, notarization can obviously enhance the probative force, but it is not the premise of entry into force, and whether it is worth doing depends on the specific situation. Debt commitment can also be agreed, but to be clear: this internal agreement can control between you and your spouse, but can not stop the bona fide creditors, the external should be paid off by the common property first, after the settlement you can then recover from the other party.

When it comes to divorce, it is advocated to carry out the agreement according to the agreement. The original agreement, the supporting property list and the traces of the signature should be taken out together, and the real property should be listed item by item, so as not to leave the other party room for "the agreement is not clear so it does not count". If the agreed object changes later, such as the sale of the house or the adjustment of the equity, the agreement or explanation should be supplemented in time to avoid on the scene. From the other side's point of view, don't feel that you don't have to talk about it just because you have signed the agreement. The key depends on whether the agreement is specific, voluntary and illegal. The more truer you write about this, the more worry you will be when you use it.