[2] Compiled from: Tencent News, Civil and Commercial Law Litigation Practice
 
Case review
[3] In recent days, Wang Leehom's divorce and "cheating scandal" have dominated major mainstream media platforms. On December 15, Wang Leehom officially filed for divorce from Li Jinglei, citing differences in personality and lifestyle, and stated that he would not respond further to protect family privacy.

 
 

[4] On December 16, Wang Leehom was exposed for extramarital affairs and ambiguous relationships with special women, involving several female celebrities, including married star Vivian Hsu and BY2 member Sun Yu, who was also alleged to have had an extramarital affair with Wang Leehom. Wang Leehom immediately denied any extramarital affairs or ambiguous behavior with the involved female celebrities, while Vivian Hsu clarified that her relationship with Wang Leehom was merely that of "good friends" with no further connections.
 
[5] On December 17, Wang Leehom's ex-wife Li Jinglei posted a 4,000-word statement accusing Wang Leehom of extramarital affairs and ambiguous relationships with married female celebrities, revealing the true reasons for the divorce. Wang Leehom's facade as a "quality man" was torn apart, and he was thrust to the top of trending searches, drawing massive online attention.

 
 

While enjoying the gossip, many netizens also wonder: if a loyalty agreement is signed in advance, can it better protect oneself?
 
 
Civil Code of the People's Republic of China
Article 1043 [Advocacy Provisions for Marriage and Family]
A family should cultivate good family values, promote family virtues, and emphasize the development of a civilized family.
Spouses shall be faithful, respectful, and caring to each other; family members shall respect the elderly, love the young, help each other, and maintain an equal, harmonious, and civilized marital and family relationship.

 

 
[1] The author's perspective
From the above legal provisions, it can be seen that spouses should be faithful and respectful to each other. To safeguard the marital relationship, many couples sign a "loyalty agreement" in advance, hoping that if the other party cheats in the future, they can still obtain some financial security. However, is such an agreement truly effective?
 
First, the Supreme People's Court has clearly explained in the book "Understanding and Application of the Marriage and Family Section and Inheritance Section of the Civil Code of the People's Republic of China": Loyalty agreements between spouses should be voluntarily fulfilled by the parties based on the principle of good faith. The law does not prohibit such agreements between spouses, but it also does not grant them enforceability. Considering the overall social effect, courts should not accept disputes over loyalty agreements between spouses.
 
From the above passage, we can see the following two key points:
 
First, fidelity agreements essentially fall within the emotional and moral realm. It is certainly good if the parties voluntarily comply, such as when the party who violates the agreement willingly leaves with nothing or pays a certain amount of money. However, if one party is unwilling to comply, they cannot be forced to do so. The author believes that the reason such agreements cannot be enforced is that it would not only increase the cost of marriage but also degrade the marital relationship built on mutual emotion and trust.
 
Second, if the court accepts such fidelity agreement disputes, the party seeking compensation under the agreement must prove both that the agreement is genuine and free from fraud or coercion, and that the other party has violated the agreement. This could lead one party to engage in spying to gather evidence, such as wiretapping, opening private letters, or even more severe violations of personal privacy. Emotional disputes between spouses could escalate into criminal cases, and the negative effects should not be underestimated. Therefore, based on overall considerations, the court may not accept standalone fidelity agreement disputes.