We all know that many couples will notarize property or sign property agreements before they get married. Of course, some couples will sign property agreements after marriage, but is this property agreement signed during marriage valid? Is the property in marriage valid after divorce after notarization ? Next, the editor of Hualu.com compiled some knowledge about whether the notarization of marriage property is valid after divorce. Welcome to read!
Article 19 of China s “Marriage Law” stipulates that marital property may stipulate that the property obtained during the existence of the marriage relationship and pre-marital property shall be owned, jointly owned, or partially owned, partially jointly owned. The agreement shall be made in writing. If there is no agreement or the agreement is not clear, the provisions of Articles 17 and 18 of this Law shall apply. The spouse s agreement on the property obtained during the existence of the marriage relationship and the pre- marital property shall be binding on both parties. If the husband and wife have agreed on the property acquired during the existence of the marriage relationship, the husband or wife shall bear the external debts. If the third party is aware of the agreement, the property shall be settled with the property owned by the husband or wife.
Undoubtedly, the marital property agreement can most effectively carry the each other before the marriage. How to keep one party s commitment to care and care for the other party, the marriage property agreement provides a feasible way of expression for the partner. A good marital Property agreement is like giving the vehicle a full insurance package that includes all kinds of additional insurance, which can allow drivers and passengers to eliminate all kinds of concerns.
For those who want to enjoy the pleasures of both sexes, but also pursue individual independence and taste the value of life, the marriage property agreement can also provide the most effective protection.
How to eliminate the worry that the family devoted themselves to nothing, in the end, nothing can be obtained, and the marriage property agreement can undoubtedly play this role. When signing a marriage property agreement, a wise person will require that the ownership of the marriage property reflects the return of household chores.
Although divorce is the most unwilling end for each couple, but it is not possible to reach a consensus with them afterwards, and it is better to prepare accordingly. With the worst ending in mind, all kinds of pay in marriage are guaranteed.
Some people say that marriage is actually a tug-of-war between men and women competing for family dominance. It is obvious that various decisions can be made in advance, which can obviously reduce future disputes.
Many partners will consider future child care issues when making property agreements, and they will agree that some part of the property will be owned by the children. But in real life, despite making such property agreements, these properties are still controlled by parents. That is, from a legal point of view, the gift is not fulfilled. Of course, gifts that are not completed do not take effect. In practice, such invalid agreements are common and there are many disputes. Of course, they all end in invalidation .
It is agreed that the real estate such as pre-marital real estate under one party s name shall be shared after marriage, but the procedure of changing the property right is actually an unfinished gift. In the event of a dispute, no confirmation could be obtained.
Whoever mentions divorce, he will go out of the house will often become a love letter in the marriage property agreement, so that either party can dispel the divorce thoughts and manage the marriage wholeheartedly. In fact, such agreements are often regarded as limiting the right to freedom of divorce and are deemed invalid. 3. Restrictions on Three Types of Marital Property Agreements
Parenting is a natural duty of parents and cannot be exempted for any reason. In practice, the author has encountered many requests to draft a marriage property agreement on behalf of those who do not want to have children, who wants children who bear all child care costs. The validity of such an agreement cannot be said to be completely invalid. But when the party that promised to fully bear the childcare costs is in financial distress and unable to bear the childcare costs alone, the other party obviously has a shared responsibility.
Debts formed in marriage life are generally recognized as joint debts of husband and wife and should be borne by both husband and wife. In the marriage property agreement, it can be agreed that one party s external debts should be borne by itself. However , this type of agreement for each individual debt is valid only if there is evidence that the creditor knows the agreement. Otherwise, the creditor may require the couple to bear joint and several liability for settlement.
内 In the Marriage Property Agreement, it is agreed that each property is owned by each other, which does not mean that they do not bear family living expenses. Some expenses for family life are unforeseeable. If there is no agreement in the agreement, it should obviously be borne by both parties. It is more important to note that the ownership of their own property does not exempt them from the obligation to support each other. When one party needs treatment, the other party should actively assume it.