Does the property agreement signed before marriage in Ningbo work?

To write down the property clearly before marriage is not to distrust the other party, but to illuminate the fuzzy area in advance. The problem is that many people sign the agreement but find it useless at the critical moment. The reason often lies in the form and content.

1. law recognizes the agreed property system.

The man and the woman may agree that the property acquired during the marriage and the premarital property shall be owned separately, jointly or partly and partly jointly. The agreement takes precedence over the law, which is the fundamental basis for the prenuptial agreement to take effect.

Agreement takes precedence over statutory

as long as the agreement is legal and valid, the application of the statutory common property system is excluded. This means a clearly written agreement that is more effective than the various oral explanations afterwards.

2. written form is a hard requirement

the property agreement shall be in written form. Verbal agreements, words and words in WeChat, are difficult to identify as complete and effective property agreements in disputes. The most basic form requirement is to sign the paper and each party holds one copy.

Signing process as far as possible to leave marks

both parties sign and date the same text, and notarize if necessary, which can effectively reduce the space for defenses on the grounds of not seeing clearly and being forced to sign afterwards.

What can 3. agree on?

The core of the agreement is property: the ownership of the property before marriage, whether the income after marriage is shared, how the respective debts are borne, and the treatment of business assets. The more specific the agreement and the clearer the direction, the less controversial it will be in the future. Involving Ningbo local real estate, should specify the specific housing location, title certificate number and loan repayment arrangements, to avoid confusion with other real estate.

itemize assets

it is generally written that their respective property belongs to them, and disputes will still arise in the event of joint repayment and joint operation after marriage. Attached is a list of assets, indicating the time and source of acquisition, which is greatly improved in practicality.

Limitations on the external effects of 4.

The agreement of the husband and wife on property has effect only between the two parties. A party's external debt shall be paid off with the party's personal property only when the counterparty is aware of the agreement. If you want to use an agreement against creditors, the premise is to prove that the other party knows.

Informed evidence should be actively retained.

It is an effective way to prove the relative's knowledge by stating it in the loan contract, clearly informing it in the communication and keeping records, which is much more powerful than explaining it afterwards.

5. what situation will be denied

if the content violates the mandatory provisions of the law or public order and good customs, such as agreeing to give up child support, restricting personal freedom, and agreeing to divorce automatically upon derailment, these provisions shall not have effect. The impaired party may also request revocation if there is fraud, coercion or manifest unfairness.

Notarization is not an entry-into-force requirement.

The prenuptial property agreement is equally valid without a certificate of office, and the role of notarization is to strengthen the probative force. Whether or not notarization should be weighed against the size of the asset and the degree of trust between the parties, and need not be generalized. In Ningbo, the notarization of prenuptial property agreements can be consulted by notary offices in various districts, and the notarization documents are more powerful in litigation.

Can 6. be modified after marriage

the property agreement signed before marriage may be changed or supplemented by mutual agreement after marriage, and shall also be in writing. Common change scenarios include the addition of large assets, the withdrawal of one party from the workplace to take full-time care of the family, and joint entrepreneurship. It should be noted that the change cannot harm the interests of third parties that have already been generated, nor can it be traced back to foreign transactions that have been completed before.

1. Change to keep full version

each modification retains the old version and indicates the effective time to form a complete chain. Leaving only the latest copy makes it difficult to explain the evolution process in case of controversy.

2. Which assets should be included most.

The highest priority is the three categories: pre-marital property and its loans, operating assets and equity, and assets that are expected to increase in value significantly. These three categories are large in amount, controversial and difficult to prove afterwards. In contrast, the agreement between daily deposits and consumer goods is of limited significance, and being too detailed increases the cost of implementing the agreement.

7. case proof

in practice, the two parties signed a written agreement before marriage to agree that their respective income belongs to each other, and attached a list of assets containing a pre-marital deposit of about 850000 yuan and a set of housing. At the time of divorce, the court handled the matter according to the agreement and did not apply the legal common property system.

In practice, in another case, the agreement agreed that a party's debt of about 1.5 million yuan would be borne by him personally, but there was no evidence that the creditor knew about it, and the agreement failed to counter the creditor's recovery.

In practice, an agreement that only makes a clear agreement on pre-marital real estate and equity is fully adopted in divorce proceedings because of its clear direction and with a list of assets, and the property involved accounts for about 70% of the total assets under the names of both parties.

According to the public judgment of Ningbo Jiangbei Court, in the property dispute between Chen Mou and Zhang Mou after their divorce, the plaintiff requested to revoke some provisions of the divorce agreement. The court rejected it on the grounds of insufficient evidence and could claim to change the custody in another case-the revocation of the agreement should be based on sufficient evidence of fraud, coercion or major misunderstanding. The quality of marks left in the signing and performance process directly determines whether the agreement can be overturned.

8. Risk Alert

• there is only an oral agreement without a written text.
• The terms are general without a list of assets.
• The misconception that the agreement would directly confront creditors.
• Write invalid clauses such as waiver of alimony.
• The signing process was left unmarked and could easily be referred to as coercion.

9. FAQ

does the prenuptial property agreement have legal effect?

There is. The law recognizes the agreed property system, and the legal and valid agreement takes precedence over the statutory rules.

Must it be in writing?

Yes. Property agreements should be in writing, and oral agreements are extremely difficult to prove.

Can the debt be agreed to be borne separately?

Yes, but only between the parties, and the creditor must be proved to be aware of the agreement.

Which provisions will be invalid?

Abandonment of child support, restriction of personal freedom, agreement on automatic divorce and other provisions that violate compulsory provisions.

Should a prenuptial agreement be notarized?

Not an entry-into-force element. Notarization is equally effective, and the role of notarization is to strengthen the probative force.

Can it be changed after signing?

You can. Both parties shall change or supplement in written form after consensus, and keep the historical version.

Practical Experience of 10. Lawyers

after signing the prenuptial property agreement, I found that it was not used at the critical moment. Most of the problems were in form and content. The property agreement must be written. Oral promises and words in WeChat are difficult to be regarded as complete and effective agreements. Therefore, both parties should sign, date and hold one copy on the same text. If necessary, both parties should handle notarization to minimize the defense space of "not seeing clearly" and "being forced to sign. If you sign a scrawl, the more you explain it afterwards, the more troublesome it will be. It is equivalent to a white sign. It is better to write it down as a standard from the beginning.

Content to fall on the specific property, the more clear the more convenient. Instead of writing "each property belongs to each other" in general terms, it is better to list it item by item: the location of the premarital property, the title certificate number and the loan repayment arrangement, whether the company's equity, deposit, post-marital income are shared, and how to bear the respective debts are all written in place. Attached a list of assets, indicating the time and source of acquisition, will greatly enhance the practicality. The clearer the direction, the less disputes and the smoother the relevant procedures will be.

It is also necessary to think clearly about the validity boundaries of the agreement and the possibility of adjustment. In principle, the agreement between husband and wife is valid only between the two parties. One party owes a debt to the outside world. Only when the counterpart knows about the agreement can it prevail, so don't expect the agreement to block all external creditors. If the property status changes after marriage, it may also be amended or supplemented in writing. Before signing the agreement, it is much more practical to spread out every item and every stroke, which is much more practical than arguing about "what was said at the beginning" afterwards, and it is not easy to be turned over after many years.