Pre-marital property agreements generally refer to the agreement between men and women on the ownership of all their property before marriage. The agreement on the ownership of property before marriage can be made either before marriage or after marriage. It is not subject to the restriction of marriage registration.
Premarital property agreements can also make agreement on the ownership of property acquired by both men and women after marriage, that is to say, marital property agreements. In some cases, both men and women will make relevant agreements on the ownership of property acquired after marriage when making pre-marital property agreements.
In daily life, in order to enhance the credibility of the premarital property agreement, the parties will go to the notary office to notarize the aforementioned premarital property agreement or to the law firm to witness the aforementioned premarital property agreement by lawyers, that is, the notarization of premarital property and the witness of premarital property. With the increasingly unstable marriage relationship, the large amount of premarital property between men and women, and the acceptance of the concept of foreign premarital property agreements, it is more and more common for both men and women to sign premarital property agreements and notarize premarital property.
What should be included in the prenuptial property agreement?
1. The basic information of the party's name, sex, occupation and address;
2. The ownership of the right of premarital property should be made clear which property belongs to the woman's personal property, which belongs to the man's personal property and which property can be used by both husband and wife.
3. Income attribution of premarital property after marriage, such as deposit interest, housing rent, etc.
4. Conditions and time for the validity of premarital property. In many cases, in order to increase the publicity of premarital property agreements, the parties will increase the restrictions on the validity of premarital property agreements after notarization by notarial organs or witness by lawyers.
5. Both men and women must sign and indicate the time.
6. Premarital property agreements can be signed before marriage or after marriage.
Lawyers suggest that if the amount of property involved is large and the situation is complex, professional lawyers or lawyers can be consulted for audit.
Format of Premarital Property Agreement?
Party A (man):
Party B (woman):
The two sides reached the following agreements on pre-marital property:
I. Scope of Premarital Property
1. All property of Party A:
2. All property of Party B;
2. Attribution of the right to premarital property:
1. Property owned by Party A
2. Property owned by Party B
III. Income Attribution of Premarital Property after Marriage
4. Attribution of disposal proceeds of premarital property after marriage
V. Other Related Matters
There are no other property disputes between Party A and Party B.
The agreement shall come into force after being notarized by the notary organ. (Option clause)