Beware of Invalidity: A Step-by-Step Guide to Signing a Marital Property Agreement

1．The agreement must be in written form.

In simple terms, it must be clearly written in black and white, and both parties must sign and fingerprint it. Many people worry that signing such an agreement might affect their relationship, so they discuss the matter casually and assume everything is settled once they reach a verbal understanding. However, this approach is invalid. Article 1065 of the Civil Code explicitly states that marital property agreements must be in written form. Therefore, it must be written down and signed.

Some couples attempt to define property ownership through real estate or vehicle registrations, such as registering a property under 70% for the husband and 30% for the wife, believing this constitutes a marital property agreement. However, this method is not legally recognized. Without written evidence proving that the registration was based on a marital property agreement, it cannot be ruled out that the registration was done for other reasons. As a result, the property would still be legally considered as 50% owned by each party.

2．The agreement must reflect the true intention of both parties, free from fraud or coercion.

Genuine intention is a basic legal requirement for any agreement. In plain language, this means the content of the agreement must reflect the true wishes of both parties. If one party was deceived, forced, or coerced into signing, the agreement will be invalid.

For example, if one spouse threatens the other with evidence of alleged criminal activity to force them into signing the agreement, or if one party uses the threat of divorce upon discovering the other’s infidelity to coerce them into signing, the agreement may be invalid as it does not reflect the true intention of the coerced party.

To avoid this issue, it’s simple: include a clause in the agreement stating, "This agreement reflects the true intentions of both parties, without any fraud or coercion." Additionally, avoid mentioning terms like "divorce" or "reporting" in the agreement. Finally, record the signing process through audio or video to prove that both parties signed willingly, in a conscious state, and without any form of coercion.

3．The scope of property must be clear and specific.

For properties designated to be owned solely by one party, detailed information must be provided. This includes the address and property ownership certificate number for real estate, the vehicle identification number and license plate for cars, the bank name and account number for deposits, and the company name and equity share for corporate stocks.

For properties acquired by one party before marriage, all relevant details must also be clearly stated. Avoid vague statements such as "properties purchased before marriage shall be owned separately."

For properties to be acquired in the future, a principle for ownership allocation can be stipulated.

4．The agreement must not waive statutory obligations of either or both parties.

Marriage encompasses both property and emotional aspects. While property arrangements can be agreed upon, they must not affect the emotional part of the relationship or waive the spouses’ mutual obligations, such as the duty to support their children. Otherwise, not only could it harm the marital relationship, but it could also render the marital property agreement invalid for violating mandatory legal provisions.

5．The marital property agreement should only address property matters, with no unrelated content.

A marital property agreement is meant to define the property arrangements between spouses during the marriage. It is not a divorce agreement nor a marital loyalty agreement. Therefore, avoid including terms like "infidelity," "divorce," or "in the event of divorce," as well as any clauses regarding child custody. Including such content could invalidate the agreement.

6．Include a clause where both parties waive the right to revoke the agreement.

In addition to the above points, it’s important to prevent either party from seeking to revoke the marital property agreement. It is advisable to include a clause stating that both parties have signed the agreement voluntarily and that neither party may revoke it for any reason. Once signed, both parties must abide by the agreement.

The above six points are key considerations when signing a marital property agreement. If you have related needs, you can draft an agreement based on these points or seek assistance from a professional legal team. May a marital property agreement help safeguard your marriage.