1. Can I sign a prenuptial property agreement after remarriage?
Remarriage can sign a premarital property agreement, and the requirements for signing a legal premarital property agreement are:
1. The prenuptial property agreement must be in writing.
Written words can be reached by both husband and wife themselves, or with the participation of the notary department, but notarization is not a legal procedure. As long as it is the true expression of the will of both husband and wife, the formal legal effect of the prenuptial property agreement cannot be overturned.
2. The prenuptial property agreement must be legal in content.
Article 1062 of the Civil Code stipulates that the property that can be agreed by both husband and wife refers to the property before marriage and the property obtained during the marriage relationship. It can be a means of subsistence, a means of production, a tangible asset or an intangible asset, but both must belong to them. If it does not belong to them or whether it exists or involves the ownership of a third party, it is not included.
Second, the process of remarriage
1, application.
Both men and women who require marriage registration should apply to the marriage registration authority of the district or county civil affairs bureau (or the town people's government) with the required documents. Marriage is a kind of legal relationship, and its emergence and elimination must go through legal procedures. Just like marriage, remarriage must be registered at the marriage registry.
2. Fill in the declaration form.
Both parties apply to the marriage registration office in person, and each party fills in a declaration of application for remarriage registration.
3. signature.
Both parties must personally sign or press their fingerprints in the "Declarer" column of the application for remarriage registration in front of the marriage registrar.
4. Review and register.
The marriage registration authority shall examine the documents and statements submitted by both parties, and register them if they meet the registration conditions for remarriage.
5. Remarriage registration certificate.
After going through the formalities of remarriage registration, the original divorce certificate or court judgment (or mediation book) should be revoked and a certificate of remarriage registration should be issued before it becomes legally effective.
6. No physical examination is required.
The parties who apply for remarriage registration will no longer undergo physical examination.
Before marriage, if you want to sign a prenuptial property agreement, then legal awareness will not stop. Even if both parties want to register for marriage, they can directly agree that the income after marriage also belongs to personal property. If there are these agreements, the division of property will save a lot of trouble in the case of divorce or death.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Civil Code of People's Republic of China (PRC).
Article 1065 A man and a woman may agree that the property acquired during the marriage relationship and the property before marriage shall be owned by themselves, wholly or partly, and partly. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of Articles 1062nd and 1063rd of this Law shall apply.
The agreement between husband and wife on the property acquired during the marriage relationship and the property before marriage is legally binding on both parties.
The husband and wife agreed that the property acquired during the marriage relationship should be owned by each other, and if the other party knows the agreement, the personal property of the husband and wife should be used to pay off the debts owed by the husband and wife.