On August 4, when the Qixi Festival came, the small peak of marriage registration was ushered in everywhere. In order to protect marriage and property, more and more couples have adopted the strategy of prenuptial agreement. Zou Ning, senior partner of Shanghai Zhonghua Law Firm, closely followed this social hot spot and received an interview with surging news, and gave professional opinions on the legal binding force of the content of the prenuptial agreement:
In the prenuptial agreement agreed by the current couple, in addition to the more common contents such as property, loyalty agreement, childbearing and living habits, the family discourse right, ownership of pets and other personal terms also frequently appear in the agreement. The legally binding premise of these contents:
“It should not only comply with the provisions of the Civil Code on the general elements of civil legal acts, but also comply with the relevant provisions of the Civil Code on marriage and family.” “The most important thing is that the two parties who signed the prenuptial agreement need to finally conclude a marriage relationship and obtain the legal status of husband and wife in order to truly apply the provisions of the Marriage and Family Code on the marital property agreement.”
Marriage should be cautious, as should prenuptial agreements. If couples want to maintain the stability of marriage or protect personal property through prenuptial agreements before marriage, it is better to consult legal professionals in advance to prevent unnecessary disputes in the future.
Lawyer Zou Ning
Senior Partner of Shanghai Zhonghua Law Firm, Master of Law of Fudan University, and Bachelor of Law of East China University of Political Science and Law.
With nearly 20 years of working experience in Shanghai courts, the practice field focuses on real estate, finance and insurance, wealth inheritance, corporate governance and dispute resolution.
Member of the Government and Social Capital Cooperation Business Research Committee of Shanghai Lawyers Association, the warehousing disposal expert of the non-performing asset information application professional committee of Shanghai Financial Information Industry Association, and the member of the medical ethics expert committee of Oriental Hepatobiliary Surgery Hospital. He has won the “March 8th Red Bannerman” in Shanghai and the third grade personal merit of the Shanghai court system.
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