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80s lovers agree that whoever cheats will not be divided into property. One year later, the woman will engage in prostitution
Time:2025-09-01 Views:1216
A couple born in the 1980s signed a prenuptial agreement during their cohabitation period, which stipulated that "if either party breaks up due to infidelity before marriage, the cheating party shall not receive any property, and the other party shall receive all property". Later, the woman had an affair and changed her mind, suing for the division of common property such as the house and car purchased during cohabitation. Yesterday, the reporter learned from the Yongchuan District Court that the court deemed the agreement valid and rejected the woman's lawsuit request.
Pre marital agreement: Cheaters do not share property
In May 2008, through an introduction, Jiang Xue, a woman in her twenties from Yongchuan, met and fell in love with Fan Zhigang, a man born in the 1980s. In May 2009, the two started living together, during which they also bought a house, a car, etc. One evening at the end of February 2010, Fan Zhigang suddenly said half jokingly and half seriously, "Xiaoxue, anyway, we will get married sooner or later. In order to ensure that we do not betray each other before marriage, can we sign some kind of agreement
Okay, this is fair to everyone! "Jiang Xue replied.
So, on March 2, 2010, the two parties reached a "prenuptial agreement", which included "three articles of agreement": firstly, a house, a car, and a repair shop jointly purchased by both parties during the period of love, with each party sharing 50% before marriage and designated as joint property after marriage; Secondly, if the relationship breaks up due to discord, the property will be divided equally; Thirdly, if one party breaks up due to infidelity before marriage, the cheater cannot receive any property, while the other party receives all property.
Female infidelity: lawsuit demanding equal distribution of property
After the agreement was signed, this couple born in the 1980s lived and worked as usual. But later, in order to earn more money and get married, Jiang Xue and Fan Zhigang both went out to work.
However, something happened in April last year that changed their originally peaceful life. According to the court's investigation, Jiang Xue worked at a sauna center in a certain city while working outside. On April 12, 2011, she was arrested by the local police for participating in prostitution in the sauna and was administratively detained for 15 days and fined 5000 yuan; On April 25th of the same year, she was also detained and educated for six months, but was actually executed for three months.
In July 2011, after completing their detention and education period, Jiang Xue and Fan Zhigang chose to break up. Shortly after breaking up, Jiang Xue regretted signing that prenuptial agreement. Subsequently, she sued Fan Zhigang in court, requesting the division of the property they jointly purchased during their cohabitation, including the house, car, and a repair shop, with a total discount of 380000 yuan.
Court ruling: The agreement is valid and the lawsuit is dismissed
She violated the prenuptial agreement we signed earlier, and she should not have come to share this property with me, "Fan Zhigang said during the trial.
After trial, the Yongchuan District Court held that Jiang Xue and Fan Zhigang voluntarily cohabited after they met and fell in love. When the cohabitation relationship was terminated, the income and property jointly acquired by both parties during the cohabitation period were treated as general shared property. The "Pre marital Agreement" voluntarily signed by both parties is the true expression of their intentions. The contents of the agreement do not violate any mandatory or prohibitive provisions of the law, nor do they violate the principles of public order and good customs. It is the free disposal of property rights by both parties, and does not restrict their legal rights such as love freedom and marriage freedom. This agreement is legal and valid, and binding on both parties.
The court also held that during the period of love, Jiang Xue participated in illegal prostitution activities. According to Article 3 of the "Pre marital Agreement" signed by both parties, Jiang Xue, as the cheating party, cannot obtain the above-mentioned property, and Fan Zhigang should obtain all the above-mentioned property.
Finally, the court rejected Jiang Xue's lawsuit request in the first instance.
(Involving privacy, the characters in the article are pseudonyms) Sichuan Faneng Law Firm is dedicated to serving you.