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02 18

婚前律师可以为你做什么?

  • 发布日期: 2019-02-18

一、如何领取结婚证书
 
How to Get a Marriage Certificate
 
结婚年龄,男不得早于22周岁,女不得早于20周岁
 
Marriage age shall not be earlier than 22 years for men and 20 years for women.
 
二、律师可以告知客户结婚所产生的法律后果
 
2. Lawyers may inform clients of the legal consequences of marriage
 
1、夫妻之间有相互忠诚的义务
 
1. Obligations of mutual loyalty between husband and wife
 
是指夫妻性生活排他的专属义务,也就是说只能同自已的配偶发生性行为。
 
It refers to the exclusive obligation of husband and wife to have sex with their spouse.
 
2、夫妻对家庭共同财产享有同等的所有权和平等的处分权。
 
2. Husband and wife have the same ownership and equal disposition right to family common property.
 
夫妻在婚姻关系存续期间所得的财产,归夫妻共同所有。夫妻双方对共同财产享有平等的占有、使用、收益和处分的权利。法律也允许夫妻双方在自愿和合法的基础上,对财产问题作出约定。
 
The property acquired by a husband and wife during the period of their marriage shall be owned jointly by the husband and wife. Both husband and wife have equal rights to possess, use, benefit and dispose of common property. The law also allows couples to make agreements on property issues on a voluntary and legal basis.
 
3、夫妻之间有相互扶养的义务。
 
3. Husband and wife have the obligation to support each other.
 
夫妻双方在婚姻关系存续期间,在生活上和物质上要相互扶助,当夫妻一方失去劳动能力时,另一方负有扶养和照顾对方生活的义务;当夫妻一方生病时,另一方必须给予照顾或者送院治疗,承担相应的医疗和护理费用。并不是配偶一方只要是生活困难另一方就一定要给钱,对于有劳动能力而不劳动的,法律也是不允许的。
 
During the period of marriage, husband and wife should support each other in life and material matters. When one spouse loses the ability to work, the other party has the obligation to support and take care of the other party's life. When one spouse is ill, the other party must take care of or send to hospital for treatment, and bear the corresponding medical and nursing expenses. It's not that one spouse must give money as long as the other spouse is in trouble. For those who have the ability to work but do not work, the law does not allow them to do so.
 
4、夫妻之间有相互继承遗产的权利。
 
4. Husband and wife have the right to inherit each other's inheritance.
 
夫妻双方互为对方遗产的法定第一顺序继承人。夫妻一方死亡后,应先将夫妻共同财产进行分割,其中一半为其配偶所有,其余的是死者的遗产,按法律规定进行继承。
 
The husband and wife are the first legal successors to each other's inheritance. After the death of one spouse, the joint property of the husband and wife should be divided, half of which is owned by the spouse, and the rest is inherited by the deceased according to the law.
 
5、夫妻之间有生育权和计划生育的义务。
 
5. There is the right to bear children and the obligation of family planning between husband and wife.
 
生育是夫妻关系自然属性的体现。在我国计划生育是一项基本国策。夫妻双方组成家庭后,有权决定是否生育。
 
Fertility is the reflection of the natural attribute of the relationship between husband and wife. Family planning is a basic national policy in China. After the husband and wife form a family, they have the right to decide whether to have children or not.
 
三、针对客户的实际情况,对婚前及婚后的财产做出约定和处理
 
3. Make agreement and disposal of property before and after marriage according to the actual situation of customers.
 
1、订立婚前财产协议,明确婚前财产归属;
 
1. To conclude a pre-marital property agreement to clarify the ownership of pre-marital property;
 
2、对婚后所形成的债权债务的承担做出约定。
 
2. Make an agreement on the commitment of creditor's rights and debts formed after marriage.
 
四、帮助客户解决子女问题
 
IV. Helping clients solve their children's problems
 
1、是否生子;
 
1. Whether to have children or not;
 
2、生子后的姓氏问题;
 
2. The family name after birth;
 
我国现行法律规定,子女出生后可随父姓,也可随母姓。
 
The current law of our country stipulates that a child can be born with either his father's or his mother's surname.


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