Research On The Determination Of The Effectiveness Of Marital Property "Loyalty Agreement"

In recent years,as China’s economy has taken off,the divorce rate has continued to soar.Extramarital affairs is the primary factor that causes couples to break down.Many couples try to protect their rights by signing a property "loyalty agreement" so that they can at least get more property when they are betrayed emotionally.However,at present,there is no corresponding legal regulation on the validity of spousal property "loyalty agreements" in China,and in practice,there are a lot of related disputes,different courts have different judgment standards,and the theoretical community also has its own opinions on this.This is not conducive to establishing judicial authority or effectively guiding citizens’ behavior.Therefore,both in theory and practice,it is necessary to make a thorough study on the validity of the husband’s property "loyalty agreement".After reading relevant literature and looking at the cases involving spousal property "loyalty agreements" in recent years,it is found that there is a validity judgment in determining the effectiveness of spousal property"loyalty agreements".The basis of application is confusing,the effective standards of the agreement are ambiguous,and the Separate prosecutions and difficulty in determining the scope of compensation.Aiming at the above problems,by analyzing the current legislation and judicial status of spousal property "loyalty agreements" and Problems arising from a lack of legislation and judicial confusion,this paper proposes a common basis for determining the effectiveness of property "loyalty agreements" and clarifies spouse property "loyalty agreements",The establishment of the spouse’s property" loyalty agreement "cannot be litigated,and judicial advice that the husband’s property "loyalty agreement" should be adjusted when the amount of compensation is too high.