婚前财产协议找律师合法吗，婚前财产协议找律师合法吗有效吗

过去人们生活水平普遍较低，即使拥有一些个人财产数量也不多，再加上传统观念的束缚，故而较少有人达成婚前财产协议。但随着中国经济的不断发展，人们拥有的婚前财产越来越多，同时整个社会的观念也更加理性，达成婚前财产协议就成为了新趋势。

In the past, people's standard of living was generally low, even if they had some personal property, the number of small, coupled with the traditional concept of bondage, so few people reached prenuptial property agreement. However, as China's economy continues to develop, people have more and more premarital property, and the concept of the society as a whole is more rational, the conclusion of prenuptial property agreement has become a new trend.

PART

1

订立婚前财产协议的好处

1、明确男女双方婚前财产的范围；

2、避免将来不必要的财产纠纷;

3、确定双方婚后财产的使用方法，是采用共有财产制还是区别财产制;

4、为将来的婚姻风险提供证据支持；

5、有利于保障夫妻双方的合法权益

6、有利于节约司法资源，提高审判效率。

7、有利于夫妻双方良好感情的维系；

1. Define the scope of premarital property of both parties;

2. Avoid unnecessary property disputes in the future;

3. Determine the method of using the marital property of both parties, whether to adopt the joint property system or the differentiated property system;

4. Provide evidence to support the risk of future marriage;

5. It is conducive to protecting the legitimate rights and interests of both husband and wife

6. It is conducive to saving judicial resources and improving judicial efficiency.

7. Conducive to the maintenance of good relationship between husband and wife;

PART

2

签订婚前财产协议的注意事项

（一）形式上应当注意的地方：最好是书面的

（二）内容上应当注意的地方

1.明确婚前财产的范围：一般包括男女双方婚前的存款、房产、车子、股权其他贵重物品等。

2.明确婚前财产婚后共享的比例：若只是表述为“婚前某项财产婚后共有”，法律上的理解应是每人一半。

3.财产描述要明确

在实践中，由于财产描述不明确最终导致认为协议约定不明而不予确认的案例不在少数。比如房产的描述，正确的应该是“坐落于某市（县）xx街xx号房产由双方共有”。

4.设定清楚婚前财产生效的条件、时间

协议的生效若未作特别约定的话，一般是结婚登记后生效。很多情况下，当事人为了增加婚前财产协议的公示力会增加经公证机关公证或律师见证后生效的限制。

5.男女双方必须签字并且注明签订时间

6.婚前财产协议可以在结婚前签订也可以在结婚后签订，二者具有相同的法律效力。

A.Form should be paid attention to: the best is written

B. Where attention should be paid to the content

1. Define the scope of pre-marriage property: generally, it includes the deposit, house property, car, equity and other valuables before marriage of both parties.

2. Make clear the proportion of property Shared before marriage and after marriage: if it is only expressed as "some property Shared after marriage", the legal understanding should be half of each person.

3. Have a clear property description

In practice, there are not a few cases in which the property description is not clear and the agreement is not confirmed as unclear. For example, the property description should be "located in a city (county) xx street xx property is jointly owned by both parties."

4. Set clear conditions and time for pre-marital property to take effect

If the agreement does not make special agreement, it is generally after marriage registration. In many cases, in order to increase the publicity power of a prenuptial property agreement, the party concerned will increase the restrictions that take effect after being notarized by a notary office or witnessed by a lawyer.

Both the man and the woman must sign and indicate the time of signing

Prenuptial property agreements may be entered into before or after marriage, both of which have the same legal effect.

PART

3

婚前财产协议效力上应注意的地方

1、被逼签订的协议无效，得双方平等协商后签订，作为被胁迫方，如果被逼无奈要签不平等条约，一定要保存自己被逼的证据。

3、明显不公的协议无效，权利和义务对等才合法，在订立合同时如显失公平，当事人一方有权请求法院变更或者撤销。例如财产归一方所有，而债务却归另一方所有的约定将被认定为显失公平。

4、限制人身权的协议无效，只能约定财产和债务。例如，约定一方不能提出离婚，若提出离婚则所有财产归另一方所有。

5、处分他人财产的无效，只能处分夫妻共同财产

6、只约定静态财产不够，得考虑财产转化和收益。例如约定了某套房产归男方所有，还应考虑换房后的房产归属，以及房屋出租的租金等收益的归属。

1. The forced agreement shall be invalid and signed by both parties after consultation on an equal footing. As the coerced party, if the coerced party has no choice but to sign the unequal treaty, the evidence of the coerced party shall be kept.

2. An agreement that is obviously unfair shall be invalid and equal rights and obligations shall be lawful. If the contract is obviously unfair at the time of conclusion, one party shall have the right to request the court to change or cancel it. For example, an agreement that property is owned by one party and a debt is owned by the other would be considered manifestly unfair.

3. Agreements that limit personal rights are invalid and can only agree on property and debts. For example, one party is not allowed to file for divorce, and if it does, all property goes to the other party.

4. If the disposition of another's property is invalid, the disposition of the couple's joint property shall be the only one

5.only agreed static property is not enough, to consider the property conversion and income. For example, agreed to a property owned by the man, should also consider the property ownership after the replacement of the house, as well as the rental income of the house and other attribution.

从律师的角度看，签署婚前协议其实是无关信任危机的。适时签署婚前财产协议，可以让夫妻双方更相互信任，更踏实，让婚姻之路更坦然、更纯粹。因此，对于即将步入结婚殿堂，或者如果双方感情出现问题但并未考虑马上离婚，建议签署财产协议约定，维护双方的合法权益。

From a lawyer's perspective, signing a prenuptial agreement is not a crisis of confidence. Signing a prenuptial property agreement at the right time can make couples trust each other more, more solid, and the marriage path more calm and pure. Therefore, it is advisable to sign a property agreement to safeguard the legitimate rights and interests of both parties if they are about to get married or if their relationship is in trouble but they are not considering an immediate divorce.