How to sign the marriage agreement? In real life, everyone's marriage is actually different. Marriage agreements signed by many couples for the sake of family stability have certain legal effect. Here's how to sign a marriage agreement for everyone.

How to sign the 1 marital property agreement should be signed after reaching an agreement on the property before or after marriage on the basis of voluntary equality between husband and wife. The premarital property agreement signed by both husband and wife is legally binding on both husband and wife.

legal ground

According to Article 1065 of the Civil Code, both men and women can agree that the property acquired during the marriage relationship and the pre-marital property are owned by themselves, all or part of them. 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.

Steps to sign a marriage agreement

As follows: First, both parties should write an agreement, which generally includes: personal basic information such as the name, gender, occupation and address of the parties; The name, quantity, value, condition and ownership of the property; Principles of use, maintenance and disposal of premarital property, etc. Go to the notary office for notarization. After examining and amending the agreement, the notary shall sign in front of the notary and record the date of signing.

legal ground

Article 1087th of the Civil Code of People's Republic of China (PRC) stipulates that in case of divorce, the joint property of husband and wife shall be handled by mutual agreement; If the agreement fails, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children, the woman and the innocent party.

The rights and interests enjoyed by husband and wife in the contracted management of family land are protected according to law.

How to sign a marriage agreement? Both parties should draft an agreement first, and pay attention to the contents of the agreement, which generally includes: personal basic information such as the name, gender, occupation and address of the parties; The name, quantity, value, condition and ownership of the property; Principles of use, maintenance and disposal of premarital property, etc. Then go to the notary office for notarization. After examining and amending the agreement, the notary shall sign in front of the notary and record the date of signing.

The template is as follows:

Party A:, male, Han nationality, born on, month and day, Han nationality, address:

Citizenship number:

Party B: Female, Han nationality, born on, month and day, Han nationality, address:

Citizenship number:

According to the provisions of relevant laws and regulations, Party A and Party B registered for marriage on. Through friendly negotiation, both parties have reached the following agreement for mutual compliance:

I. Property status and ownership of both parties before marriage

Property status of Party A before marriage:

Party A's property before marriage belongs to Party A, and the debts owed by Party A before marriage have nothing to do with Party B. ..

Property status of Party B before marriage:

Party B's property before marriage belongs to Party B, and the debts owed by Party B before marriage have nothing to do with Party A. ..

Two. During the marriage, both parties reached the following agreement on property and debt.

Property status and ownership of both parties after marriage:

The above-mentioned property and rights and interests shall be owned by (Party A or Party B, or it may be agreed that part of it shall be owned by Party A and part by Party B).

* * * agreement that there are debts during the marriage: both parties confirm that there are no debts before the signing date of this agreement. After the signing of this agreement, if Party A and Party B borrow money from others for the needs of family life, it shall be deemed that the husband and wife are in the same debt after being signed by both parties in writing, and both parties shall jointly repay it. Without the written signature of both parties, it should be regarded as personal debt and borne by the individual. When a party borrows money abroad, it must clearly state the property agreement between husband and wife to the creditor. This debt is a personal debt of one party, and the other party does not undertake repayment obligations. If there is no express statement, the debtor of the handling party shall be responsible for the consequences, and the other party shall not bear any responsibility.

Third, the child support agreement: after marriage, both parties have a son, named: Children are raised and cared for by both parties. Maintenance is the responsibility.

Four. This agreement is made in duplicate, one for each party, and shall come into effect as of the date of signature by both parties.

Party A: xx Party B: xx

Time: xx

civil law

Article 1087 At the time of divorce, the property of husband and wife shall be handled by mutual agreement; If the agreement fails, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children, the woman and the innocent party.

The rights and interests enjoyed by husband and wife in the contracted management of family land are protected according to law.

How to sign a marriage agreement? How to sign the marital property agreement?

It is completely legal to stipulate who owns the property in the marital property agreement without violating the relevant laws and regulations, provided that both parties agree voluntarily. It will take effect after being signed and confirmed by both parties. However, the following points should be noted when signing a marriage agreement:

First, three useless agreements of marital property agreement.

(1) Property belongs to children.

Many couples will consider the care of their children in the future when making property agreements, and agree that part of the property belongs to the children. But in real life, although such a property agreement has been made, these properties are still controlled by parents. In other words, from a legal point of view, the gift has not been fulfilled. Of course, unfinished gifts will not take effect. In practice, this kind of invalid agreement is very common and controversial, and of course it all ends in invalid identification.

(2) The real estate belongs to one party, but the property right has not changed.

It is stipulated that the pre-marital property and other properties under one party's name will be owned by * * * after marriage, but it is also an unfinished act to actually go through the formalities of renaming property rights. If there is a dispute in the end, there is no way to confirm it.

(3) The divorcee has no property.

"Whoever mentions divorce will leave home clean" will often become a promise in the marital property agreement, so that either party can give up the idea of divorce and run the marriage wholeheartedly. In fact, this kind of agreement is often considered to limit the right to divorce freedom, but it is considered invalid.

Two, the three types of limitation on the validity of marital property agreement

(1) Exempt from the obligation of raising children

Raising children is the unshirkable responsibility of parents and cannot be exempted for any reason. In practice, the author has met many requests to draw up an engagement property agreement on his behalf, asking him not to have children, and whoever wants children will bear all the expenses of raising them. The validity of this agreement cannot be said to be completely invalid. However, when the party who promises to bear the child care fee in full has financial difficulties and is unable to bear the child care fee alone, the other party obviously has the obligation to bear it together.

(2) The debt to the third party shall be borne by one party.

The debts formed in marriage life are generally recognized as the same debts of husband and wife, which should be shared by both husband and wife. In the marital property agreement, it can be agreed that one party's foreign debt shall be borne by himself. However, this agreement that each party bears the debt is only valid if there is evidence that the creditor knows the agreement. Otherwise, the creditor may require both husband and wife to bear joint liability for repayment.

(3) Exemption from the obligation of assistance between husband and wife

In the marital property agreement, it is agreed that all the property belongs to oneself, which does not mean that it does not bear the family living expenses. Some of the expenses of family life are unpredictable. If there is no agreement in the agreement, it should obviously be borne by both parties. More importantly, it should be noted that each property belongs to oneself, which does not exempt both husband and wife from the obligation to help. When one party needs treatment due to illness, the other party should actively undertake it.

Specific precautions:

Strictly speaking, marriage agreement is a general term. If it is to be subdivided, it can be divided into marital property agreement, marital assistance agreement, marital loyalty agreement, marital child support agreement, marital creditor's rights and debts agreement and so on. Of course, you can also write a marriage agreement that includes all the above issues. Next, I will focus on the basic format and requirements of the protocol.

First of all, the first part

1, the basic situation of marriage between men and women. Including: marriage registration time, name of marriage registration institution, marriage certificate number, etc. This part can also be omitted, and a copy of the marriage certificate can be directly attached to the agreement.

2. Basic personal information of both men and women. Including name, gender, date of birth, ID number and relationship with the other party. Be sure to check this part carefully when filling it out, so as not to make mistakes.

Second, the property agreement

1. Ownership of existing property. It mainly stipulates large amount of property, such as real estate, vehicles, deposits, equity, etc. Is it owned by one party or jointly owned by * * *.

2. Income ownership. You can agree which income belongs to personal property and which income belongs to * * * property. For example, wages belong to personal property, and bonuses, investment income and accidental income belong to * * * property.

3, * * * with property custody. It can be agreed which party will keep what kind of property and how to keep it, as well as the obligations of the custodian and the rights of the non-custodian. It is forbidden to conceal, transfer, sell off or destroy the same property.

4, * * * * with the property disposal. You can agree on how to dispose of the same property, such as how much money is used for what purpose. One party can decide directly without the consent of the other party, usually the living expenses, but the excess amount must be decided by both parties, such as buying real estate and lending it to a third party.

5. Special property agreement. It can be agreed that as a party, the property will be given or inherited or the same property will be given.

Three. Creditor's rights and debts agreement

1. Confirmation of existing creditor's rights and debts. It can be confirmed which party or both parties belong to the creditor's rights and debts that occurred before the agreement came into effect.

2. After the agreement comes into effect, stipulate which party or both parties the creditor's rights and debts belong to. For example, the ownership of tort debt, default debt and illegal debt.

3, foreign debt agreement behavior. It can be agreed that one party must obtain the written consent of the other party to borrow money from abroad. In case of default, the debt shall be borne by one party.

IV. Maintenance, support, support and support agreement in marriage.

1. Child support agreement. Including the obligation to support, who will bear the support.

2. An agreement to support one parent. Include an agreement that one party is obliged to provide assistance and who will bear the alimony.

3. When one party suffers from a serious illness to the other party, it loses the ability to work, the source of life or cannot take care of itself.

4. Agreement on one party's maintenance obligation. Including who will bear the maintenance costs.

Verb (abbreviation for verb) loyalty agreement

This part mainly stipulates the agreement of mutual loyalty obligations between the two parties. See the article Loyalty Agreement for details.

Liability for breach of contract of intransitive verbs

1. Liability for breach of contract by one party in violation of the above agreement. Including apologizing, returning property, compensating for losses and so on. However, it is not allowed to stipulate that one party loses custody in case of breach of contract and the other party promises to divorce voluntarily.

2. The agreement on property ownership and compensation for the wrong party at the time of divorce. But it is not allowed to stipulate that one party is at fault and clean up the house, which is obviously unfair.

Seven, the tail

1. Time and conditions for the agreement to take effect. It may be agreed that the agreement shall take effect from the date of signature, or it may be agreed that it shall take effect from the date of notarization.

Eight. additional

1. Copies of marriage certificates of both parties.

2. Copy of real estate license and vehicle driving license.

3. Husband and wife's bank account number, third-party payment account number, trading platform account number, copy of share certificate, copy of deposit certificate and copy of passbook involving the same property.

4. Copies of existing IOUs, IOUs and other documents related to the creditor's rights and debts of husband and wife.

5. Both husband and wife * * * use the vouchers that involve the expenses of both parties in their lives, such as the accounts of water, electricity and coal, and legal documents with money to pay for them.

Because the marriage agreement involves many contents and is highly professional, the online marriage agreement template is not comprehensive. Both parties may entrust professional lawyers to draft and write, and shall not directly apply the template.

Advantages of marriage agreement

(1) reflects the love between husband and wife.

Undoubtedly, the marital property agreement can most effectively carry the premarital vows. How to keep one party's promise of love and care for the other party, marital property agreement provides a feasible expression for partners. A good property agreement between husband and wife is like giving a vehicle a full insurance with all kinds of additional risks, which can eliminate all kinds of worries for both drivers and passengers.

(2) Reflect personal value

For those who want to enjoy the pleasure of sexual life, but also pursue independence and taste the value of life, marital property agreement can also provide the most effective guarantee.

(3) Compensation for housework division

How to get rid of the trouble of giving your whole heart to your family but getting nothing in the end, the marital property agreement can undoubtedly play this role. Smart people, when signing a marital property agreement, will require the ownership of marital property to reflect the return of housework.

(4) facilitate the division of property

Although divorce is the last thing that every couple wants to face, it is better to make corresponding preparations in advance than to be flushed afterwards and still unable to reach an understanding. Think about the worst outcome, and all kinds of efforts in marriage will be guaranteed.

(5) reduce decision-making disputes

Some people say that marriage is actually a tug-of-war between men and women for family dominance. Obviously, reaching an agreement on various decisions in advance can greatly reduce future disputes.