The loyalty agreement between husband and wife is based on the obligation of loyalty between husband and wife. It is a punitive contract for breach of contract in which both parties voluntarily sign a contract of mutual loyalty and agree that one party loses property rights or pays damages for breach of contract due to disloyalty. Therefore, when the husband and wife sign a loyalty agreement, the content of the agreement should be within the scope of the law, and the rights of the third party should not be infringed.
If one party has evidence that the other party's derailment led to the breakdown of marriage, according to the provisions of the Marriage Law, one party may be required to share less or no property on the ground that there is fault leading to the breakdown of marriage.
Article 4 of the Marriage Law stipulates that husband and wife should be faithful to each other and respect each other. If there are serious breaches of marriage loyalty obligations, such as bigamy, or spouses and others, the people's court shall grant them the right to claim damages from the other party without fault.
2. What should we pay attention to when signing the loyalty agreement between husband and wife?
At present, the validity of loyalty agreement is still controversial in the legal circles. If a person feels that he really needs a loyalty agreement to protect his rights and interests, it is necessary to sign such an agreement first, but the following issues need to be noted:
(1) It shall be formulated and signed voluntarily by both parties without coercion.
(2) The content of the agreement can not restrict personal rights, such as the right to freedom of divorce, the right to child maintenance and other rights closely related to personal relations.
(3) The agreed amount of compensation should not be obviously too high; the distribution of family property should also protect one party's basic life, such as the agreement of "pure family origin" is difficult to obtain the support of the court.
(4) Generally speaking, loyalty agreements can only be supported by courts when divorce is adjudicated.
To sum up, in signing "loyalty agreement", men and women can not agree on the words "leading to divorce", because it is suspected of violating one party's right to claim divorce, "the agreement to deprive one party of personal rights should be regarded as invalid". In addition, the rights of third parties can not be infringed. For example, it is invalid to refer to the punishment of "junior three" in the agreement.
3. How to write the loyalty agreement between husband and wife?
Party B: Wife: Female, residence ID number:. Party A and Party B are husband and wife. In order to jointly maintain a good and harmonious marriage relationship, both parties sign this Agreement on the basis of fairness and voluntariness, and in accordance with the relevant laws and regulations of the state, through consultation and consensus, in order to jointly abide by and implement it.
Article 1 Both Party A and Party B shall be faithful to each other, respect each other, help each other in family life, and jointly maintain equal, harmonious and civilized family relations. A couple loyalty agreement.
Article 2 Both Party A and Party B shall not turn off their mobile phones or not answer one party's phone without reason, but it can be proved that, except for work reasons or other reasons, when one party shuts down the mobile phone or does not answer the other party's phone, the other party must explain to the other party within three hours after discovering the relevant situation (including telephone, short message, short message, etc.). Messages, etc.). Both sides should try to keep the mobile phone with them and keep it on during the period from 7 a.m. to 11 p.m. every day.
Article 3 Both parties promise to break off frequent contact with heterosexual couples outside marriage during the duration of marriage, except that it can prove to be the cause of work (contact forms are unlimited, including but not limited to: meeting, telephone, short message, mail, letter, qqq, etc.).
Article 4 Both parties promise to return home before 11 o'clock every night during the marriage. If one party cannot return home before 11 o'clock every night due to work or other reasons, one party shall notify the other party in time and explain the situation (including telephone, short message, message, etc.).
Article 5 If either party has an unfair relationship with the opposite sex outside marriage during the period of marriage, the fault party voluntarily abandons the joint property of the husband and wife, including the house, car and other creditor's rights. The joint debts during the period of marriage shall be borne by the fault party.
Article 6 Both parties promise not to use childlessness after marriage as an excuse for quarrel or even divorce.
第七条 如一方违反本协议的约定，应支付另一方精神补偿金人民币 万元。
Article 7 If one party violates the agreement of this Agreement, it shall pay the spirit compensation of the other party RMB 10,000 yuan.
Article 8 The matters not covered in this Agreement shall be determined through consultation between the two parties. A couple loyalty agreement.
Article 9 If disputes arise in the performance of this Agreement, they shall be settled through consultation, and if consultation fails or is unwilling to do so, they shall be settled through litigation in the court of the place where this Agreement is signed.
Article 10 This Agreement shall enter into force on the date of signature by both parties.
Article 11 This Agreement is in duplicate, each party holds one copy, which has the same legal effect (Note: Two pages each, please sign page by page).
Article 12 Interpretation: The term "frequent contacts" in this Agreement refers to contacts more than three times a day or more than five minutes in a single contact; the term "unfair relationship between men and women" in this Agreement refers to the maintenance of ambiguous relations with heterosexual couples outside marriage, the relationship between male and female friends, sexual relations, etc.