In order to avoid any disputes after the marriage of their pre-marital property, many people will establish a pre-marital agreement before marriage to further protect their personal property through this agreement. But the prenuptial agreement needs to be notarized. So, where is the notarization?
The contents of the agreement generally include: the individual s basic information such as the name, gender, occupation, and address of the party: the name, quantity, value, status, and ownership of the property; the principles of use, maintenance , and disposal of the pre-marital property mentioned above.
In the third step, after the notary s application is accepted by the reception notary, the notary examines the property right s proof of the property according to the content of the property agreement; asks whether the parties contract has been deceived or misled . The parties shall truthfully answer the questions of the notary. The notary will perform the necessary legal notification obligations, inform the parties of the legal obligations and legal consequences after signing the property agreement, and the parties shall cooperate with the notary to complete the transcript. of fair reception and sign the transcript for confirmation.
In the fourth step, both parties sign the pre-marital property agreement in front of a notary. Through the above four steps, the procedures for the notarization of pre-marital property have been performed. After two weeks, the parties can collect the notary certificate with the bill of charge. If neither party can take the time to obtain the notary certificate, they can also enjoy the postal delivery after prepaid postage. Up service.
Article 19 of the Marriage Law of the People s Republic of China stipulates that A husband and wife may agree that the property obtained during the duration of the marriage relationship and the pre-marital property shall be owned, jointly owned or partially owned, partially jointly owned. The agreement shall be in writing. There is no agreement or agreement If it is not clear, the provisions of Articles 17 and 18 of this Law shall apply. (Articles 17 and 18 stipulate that under normal circumstances the property shall be owned by the husband and wife during the existence of the husband-wife relationship, and the property shall be owned by one party before marriage).
The husband and wife shall agree on the property obtained during the existence of the marriage relationship, and the husband or wife shall bear the debts of the foreign party. If the third party is aware of the agreement, the property shall be settled by the husband or wife.
The provision clarifies the legal effect of the pre-marital property agreement. The pre-marital property agreement is mainly binding on both spouses and is binding on both spouses, but under certain circumstances (such as the situation specified in paragraph 3 of the article) , it also has effect on third parties.