Research On Empirical Premarital Property Notary

The Marriage itself is not only a combination of love, but also the reallocation of wealth combination. At present in Europe and other developed countries, pre-marital property notarization has formed a mature marriage legal system, "prenuptial agreement" as a self-protection for both parties prepares a "just in case" scenarios, as well as speed up the divorce process, and properly solve the issues of divorce and property allocation. But in China, under the impacts of Chinese traditional morality, pre-marital property notarization is only in its infancy stage, it developed very slowly, some notary started this service till 1990s, it was a new thing till then in China.Notary unity releases an agreement which scopes a couple’s pre-marital each individual’s personal property and debts or postnuptial common property and debts on their rights and attribution, and this agreement has the proof of the legitimacy of activities on its facticity and legitimacy. It helps to clear the couple’s marital property quantity, scope, value and property ownership, it is also a reliable legal basis to solve the marital property disputes, to stabilize family relations and property relations, prevent matrimonial disputes, protect the legitimate rights and interests of both parties as well as promote social stability.The 1st part of the thesis analyze a couple’s case thru pre-marital notarization and later in divorce litigation, the court judge the property reallocation based on both parties pre-marital notarization defined in formal agreement. The 2nd part of the thesis explains the concept of pre-marital property notarization and legal basis of pre-marital property notarization, it introduces the background and current status of pre-marital notarization in our country, introduces in details on qualification requirement and processes on how to deal with pre-marital notarization, then it describes the advantages and disadvantages of pre-marital notarization. At last, it ends up with some advices and comments on how to improve pre-marital property notarization in our country.