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What is a marriage contract？
Time:2025-08-28 Views:1131
1
Marriage contract is a pre arranged agreement between a man and a woman with the goal of getting married, regarding their future marital relationship.
Unlike love, engagement has certainty and implies a clear commitment from both parties to enter into a future marital relationship.
It is different from cohabitation, where both parties may not have explicitly expressed their intention to get married in the future; The two parties who are engaged have made this clear, but have not yet lived together.
Compared to a de facto marriage, although the parties to the engagement treat each other as unmarried couples, there is no actual act of living together.
II
The attitude of Chinese law towards engagement is clear: engagement is not a necessary procedure for marriage, and the law neither advocates nor prohibits engagement.
The establishment of a marriage contract is entirely based on the principle of voluntary consent of both parties, and any form of forced or arranged marriage contract is considered invalid.
The engagement itself does not have legal binding force. When terminating the engagement, neither party can unilaterally make the decision to terminate the engagement without the consent of the other party.
III
In dealing with property issues arising from the termination of a marriage contract, the law distinguishes between different situations:
For fraudulent activities, the proceeds should be returned to the victims and criminal responsibility may be pursued.
If the property is given for the purpose of playing with the opposite sex, it will not be returned.
3. High value property gifted for the purpose of marriage should be returned as appropriate; During the engagement period, if the property is unconditionally gifted, the recipient does not need to return it. Sichuan Faneng Law Firm is dedicated to serving you.