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How to write a legal and valid marital agreement

There is no such thing as a spousal agreement in law. There are two types of agreements commonly entered into between husband and wife: 1. Marital property agreement. 2. Divorce agreement.

How to conclude a legal and effective agreement:

First of all, both parties must be voluntary and express their true intentions. They must have legal behavioral obligations and liability for breach of contract as agreed by the husband and wife in a legal marriage relationship. If the personal rights and obligations of husband and wife or property rights and obligations are the content, there is no reason for coercion, fraud, etc., and it cannot violate legal provisions and social order and good customs.

The requirements for the validity of the two types of documents are slightly different. The marital property agreement will become legally effective after both parties sign it. The divorce agreement needs to be registered according to it before it becomes legally effective.

Attached: Divorce Agreement Sample

The man ______, __ ethnic group, born on ___ year __ month __, lives in __________________ ID number: __________________ Contact number ______________

The woman ______, __ ethnic group, born on ____year__month__, lives in_______________ ID number: _______________________contact number____________________

The man is with The woman met in ____ month ____, and registered her marriage in _______ on ____ month __ day ____ year. After the marriage, she gave birth to a son named _________ on ____ month __ day ____ year. Due to personality differences and constant quarrels, the couple's relationship broke down and there was no possibility of reconciliation. The husband and wife have now reached an agreement through voluntary negotiation and entered into a divorce agreement as follows:

1. Both the man and the woman voluntarily divorce.

2. Child support, alimony and visitation rights: The son ______ is raised by the man and lives with him. The man is fully responsible for the child support (including childcare, education and medical expenses), and the woman is responsible for all the child support. The monthly maintenance fee is _____ yuan, and the son's maintenance fee should be handed over to the man or the designated ___ bank account number: __________________) before ___ day of each month. The woman can visit the child raised by the man at any time as long as it does not affect the child's study and life.

3. Disposal of property owned by husband and wife: The woman voluntarily gives up property owned by husband and wife.

Debt handling: Both parties confirmed that during the marriage, they borrowed ______ yuan from the woman’s parents and borrowed _____ yuan from the man’s sister to purchase an excavator and a house. In view of the fact that the woman in Article 3 gives up the marital property, the above debts are borne by the man alone. Otherwise, Article 3 of this agreement will be deemed invalid, and the woman can re-divide the marital property and bear the joint debts.

Agreement on the effective time of the agreement: ____year___month___Japanese agreement shall be made in triplicate and shall take effect from the date when the marriage registration machine issues the "Divorce Certificate". Each party shall hold one copy. One copy shall be kept on file by the marriage registration authority.

If any dispute arises during the execution of this agreement after it comes into effect, the two parties shall resolve it through negotiation. If negotiation fails, either party may file a lawsuit in _____ People's Court.

Man: _________Signature_______________year___month___day.

Woman: _________Signature___________year___month___day.

The joint property of husband and wife mainly includes:

1. Salaries and bonuses;

2. Income from production and business operations;

3. Income from intellectual property rights;

4. Property obtained through inheritance or donation, but excluding gifts or inheritances that clearly belong only to one spouse;

5. One party as an individual Income from property investment; according to relevant judicial interpretations, there are mainly several aspects:

(1) Income from one party’s personal property investment in a company or enterprise. If the investment income is obtained during the relationship between husband and wife, then the profits from the company or enterprise's operations, such as equity dividends, etc., should be recognized as joint property of the husband and wife.

(2) One party rents out his personal property. The rent earned during the marriage relationship is generally deemed to belong to *** and ***.

(3) Other situations. In specific practice, the court generally makes a specific determination based on the actual circumstances of the case whether various forms of personal property post-marital income are based on the property's own appreciation or based on the couple's sexual behavior. The former is in principle owned by the individual, and the latter Then it means *** is the same as ***.

6. Housing subsidies and housing provident funds that both men and women actually receive or should receive;

7. Pension insurance and bankruptcy resettlement compensation that both husband and wife actually receive or should receive. The above-mentioned property is the legal joint property of husband and wife. If there is no special agreement at the time of divorce, it shall be divided according to law.

An agreement on the personal property of a couple must meet the following conditions:

1. When entering into the agreement, both parties have the corresponding capacity for civil conduct;

2. Both parties The intention expressed when entering into the agreement is true, and there is no fraud, coercion, etc.;

3. The content of the agreement does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.

4. The marital property agreement should be in writing.

The agreement between husband and wife regarding the property acquired during the marriage and the property before marriage is legally binding on both parties.

The husband and wife agree that the property acquired during the marriage shall be owned by each other. If the other party is aware of the agreement, the debts borne by the husband or wife shall be paid off with the personal property of the husband or wife.