Young couples use “agreements” to defend their love. Should “loyalty agreements” be signed?

A young couple in Shenyang has a strong love. In order to prove that they can love each other for “ten thousand years”, they signed a “loyalty agreement”, stipulating that both spouses shall not breach the contract and bear the corresponding price if they violate it. On April 22, reporters from the Shenyang Evening News and Shenbao Media learned in interviews that more and more couples have signed “loyalty agreements” to “escort” marriages.

So, how to sign a “loyalty agreement” between husband and wife? How to prevent the validity of the agreement in judicial adjudication from being denied? The reporter interviewed Liu Qiang, a lawyer from Beijing Yingke (Shenyang) Law Firm, to explain the “loyalty agreement”.

phenomenon:

Signed by husband and wife

“Loyalty Agreement”

More and more common

“If I have a wish in my heart, the gods of heaven and earth will punish them.” This is a vow of each other between people who love each other, and it is moving to hear it. However, occasionally in real life such a scene will happen: just put down the phone of the lover, immediately secretly dating with others busy. In a society under the rule of law, not only can illegal acts be punished afterwards, but also can be restrained by signing an agreement before, and this is what the husband and wife “loyalty agreement” says.

Liu Qiang said that the “loyalty agreement” is an agreement between the spouses who have a legal marriage relationship that the spouses must not violate the obligations of extramarital sex, the agreed liability for breach of contract, and the content of the change of the spouses’ personal rights and obligations or property rights and obligations. The purpose is In order to maintain the continuous stability of the marital relationship between the husband and wife, or to punish the offending party. In recent years, it has become more common to sign “loyalty agreements” between husbands and wives, and the attitude towards “loyalty agreements” in judicial practice has become more and more enlightened.

remind:

Guarantee

Signed agreement

Legally valid

After the implementation of the Civil Code, how to sign a legal and effective “loyalty agreement”? What is agreed in the “loyalty agreement” that will not produce the expected legal effect?

Ms. Chen and Mr. Sun signed an agreement when they got married. The content is: The husband and wife are in agreement and are willing to build a love nest together and grow old together. Due to the fact that both parties have already broken down their marriage, taking into account the specific circumstances of the previous marriage breakup, in order to prevent the marriage from breaking down again, the two parties now voluntarily reach the following agreement: 1. Both parties are loyal to each other, if any party has an affair, cohabitation, cheating, etc. , Can not share the common property of husband and wife, and leave the house alone; 2. The derailed party has no right to custody and visit the child; 3. The derailed party shall bear all the living expenses of the child and pay 300,000 yuan to the non-derailed party as compensation.

Later, Ms. Chen discovered that Mr. Sun had derailed and left evidence such as videos and WeChat chat records. Mr. Sun did not deny, but refused to perform according to the previously signed “loyalty agreement”. Ms. Chen sued Mr. Sun to the court in a paper complaint, requesting a divorce and requesting the man to perform according to the signed agreement.

judgment:

“Bidet and go out of the house”

Did not achieve

After the mediation was invalid, the court ruled that both parties were divorced and the child custody belonged to Ms. Chen. Mr. Sun paid the child 2,000 yuan a month until the child was 18 years old, but ruled that Article 2 of the “Loyalty Agreement” was deprived Mr. Sun’s right to visit the child is invalid. In addition, Articles 1 and 3 of the “Loyalty Agreement” are too stringent regarding clean-up and huge compensation. The court, based on Article 46 of the Marriage Law and related judicial interpretations, ruled that Ms. Chen obtained 70% of the joint property of the husband and wife.

Liu Qiang believes that in recent years, the phenomenon of couples signing “loyalty agreements” has emerged in large numbers, reflecting the increase and progress of the people’s awareness of the rule of law, but only by using legal tools correctly can they truly protect their own legal rights. Taking Beijing Yingke (Shenyang) Law Firm as an example, in the five years before the implementation of the Civil Code, there were only two lawsuits concerning the “loyalty agreement” between husband and wife; it has been less than 5 months since the implementation of the Civil Code Every month, there are about 10 people inquiring about the issue of the “loyalty agreement” between husband and wife, and everyone’s attention to this has increased significantly.

Lawyer’s point of view

“Derailment is divorce” agreement

it is invalid

So, how to sign a “loyalty agreement” that conforms to legal norms? Liu Qiang gave the following suggestions:

1. Signing a “loyalty agreement” must not have the following invalid civil legal acts:

2. An agreement signed by a person without civil capacity;

3. Civil juristic acts performed by the perpetrator and the counterparty with false intentions;

4. Civil legal acts that violate public order and good customs;

5. Malicious collusion to damage the interests of others in civil law;

6. Other invalid situations stipulated by laws and regulations.

7. The signing of the “loyalty agreement” must not violate the mandatory provisions of laws and regulations, and do not deprive or restrict one party’s personal rights in the form of the agreement, such as a divorce, abandonment of custody of the child, and no visit to the child, etc. Even if the agreement is established, it is invalid and cannot achieve the purpose of signing the agreement.

8. Never stipulate in the “loyalty agreement” to impose extremely stringent conditions on the party who violates the obligation of loyalty, such as clauses such as cleansing out of the house and huge compensation.

   Fourth, the “loyalty agreement” must not include the terms of the divorce agreement, because once it is determined that the divorce clause is involved, it gives the other party the possibility of “repentance”, and the law supports this “repentance”. In order to prevent the court from finding that the property division clause in the agreement is a divorce clause, it is recommended that the husband and wife agree in the “loyalty agreement”: “If one party violates the duty of loyalty, he will voluntarily comply with the following property agreement: …” In this way, then It is transformed into an agreement on the property of husband and wife, which is protected by law.

   Shenyang Evening News, Shenyang News Reporter Ning Ling