If the divorce by agreement is not concluded, whether the agreement is valid or not

First of all, the prerequisite for the divorce agreement to take effect must be that both parties have gone through the divorce procedures at the Civil Affairs Bureau. The agreement on personal relations, that is, the agreement on whether or not to agree to divorce, cannot be bound by a written contract, that is, the law will not interfere with the repeated changes in the expression of intent between the parties to agree to the divorce, but once the parties have registered the form, that is, the relevant divorce registration has been completed, the law will confirm the fact of divorce. However, if only the two parties agree in writing to go through the divorce procedures together, but one party repents, the law will not give the other party the right to enforce, nor will it grant the court the right of compulsory recognition.

Second, the property relationship involved in the divorce agreement, as well as the opinions on child support, are closely related to the expression of intent of the personal relationship, and since the divorce has not been accomplished, the agreement on property and children has naturally not taken effect. Clause.

3. Whether the content of the divorce agreement is valid depends on whether there is fraud or coercion to sign it, and whether the content of the agreement conforms to the legal basis or disposes of other people's property. In short, it is best to find a professional divorce lawyer to plan and write a valid divorce agreement, so as to avoid invalidity and future troubles.

If the parties reach a property division agreement that is conditional on a registered divorce or a divorce by agreement with the people's court, if the divorce is not reached by mutual agreement, the people's court shall find that the property division agreement has not taken effect.

According to the Interpretation (III) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (Fa Shi 2011 No. 18):

Article 14: Where the parties reach an agreement on the division of property that is conditional on registering the divorce or going to the people's court to agree on a divorce, if the parties fail to agree on the divorce and one party repents in the divorce proceedings, the people's court shall find that the property division agreement has not taken effect, and divide the joint property of the husband and wife in accordance with law based on the actual circumstances.

Generally speaking, a sentence must be added at the end of the divorce agreement, which will take effect after the marriage and tobacco registration authority has gone through the relevant formalities. And the divorce must be registered or divorced by the court. Hope it helps.

1. No more children are allowed after remarriage.

The prohibition clause in the divorce agreement is an artificial restriction on citizens' reproductive rights and violates the legal provisions on citizens' enjoyment of reproductive rights. Therefore, the relevant prohibition clause in the divorce agreement is invalid.

2. Limit the inheritance rights of children born after remarriage.

When a husband and wife divorce, restricting the inheritance rights of children born to one party after remarriage is not only contrary to the provisions of the law, but also has no practical intention.

3. No remarriage is allowed within a certain period of time after divorce.

The remarriage clause agreed in the divorce agreement is invalid because it violates the law.

4. The husband and wife jointly owned the property and agreed to be owned by the children.

If the divorce agreement only stipulates that the property will be donated to the children but the transfer procedures are not completed in time, either party will regret it, and the children will not be able to obtain the property rights in the future.

5. The agreed child support allowance shall be paid after the child is 18 years old.

After the child reaches the age of 18, the help provided by parents to the child is voluntary, and there is no mandatory restriction by law. In addition, even if the child is under the age of 18, if one of the parents has limited financial means and is in financial difficulty, he or she may request a reduction in the standard of child support payment.

1. How long is the shelf life of the divorce agreement in the Civil Code?

The Civil Code stipulates that a divorce agreement has legal effect after the divorce is registered, and a divorce agreement has legal effect for a long time after it takes effect.

Civil Code of the People's Republic of China

Article 1076:[Divorce by Mutual Consent]Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office.

The divorce agreement shall clearly state the parties' intention to divorce voluntarily and the opinions reached through consultation on matters such as child support, financial and property rights, and debt disposal.

Article 1077:[Cooling-off Period for Divorce]Within 30 days from the date on which the marriage registration authority receives the application for divorce registration, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage registration authority.

Within 30 days after the expiration of the period provided for in the preceding paragraph, both parties shall apply in person to the marriage registration authority for the issuance of a divorce certificate; If the application is not made, it shall be deemed that the application for divorce registration has been withdrawn.

Article 1078: [Divorce Registration] If the marriage registration authority finds out that the parties are indeed voluntarily divorced and have reached a consensus on matters such as child support, property, and debt handling, they shall register and issue a divorce certificate.

Legal Analysis: If the divorce by agreement is not completed, the general divorce agreement will not take effect. If the parties reach an agreement on the division of property that is conditional on the registration of the divorce or the divorce by agreement with the people's court, if the divorce is not reached by mutual agreement between the parties, and one party repents in the divorce proceedings, the people's court shall find that the property division agreement has not taken effect, and divide the joint property of the husband and wife in accordance with the law based on the actual circumstances.

Legal basis: Article 1076 of the Civil Code of the People's Republic of China.

If the husband and wife divorce voluntarily, they shall sign a written divorce agreement, and apply for divorce registration in person at the marriage registration office. The divorce agreement shall clearly state the parties' intention to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

If the divorce formalities are not completed, the divorce agreement between the husband and wife is invalid and will not have legal effect. In the case of divorce by agreement, the parties must first sign a written divorce agreement and apply in person to the marriage registration authority for the registration of divorce and divorce, which means that the divorce by agreement needs to go through the divorce procedures, and the marriage registration authority will register the divorce and issue a divorce certificate if there is no problem after the trial.

Article 1076 of the Civil Code of the People's Republic of China provides that if the husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Five Situations in which a Divorce Agreement Is Invalid:

1. No remarriage is allowed within a certain period of time after divorce;

2. No more children are allowed after remarriage;

3. Limit the inheritance rights of children born after remarriage;

4. The property is agreed to be owned by the children and the transfer is not made in time;

5. The agreed child support allowance shall be paid after the child is 18 years old.

Reasons for the termination of a marriage include:

1. Death of one of the spouses;

1) Natural death, one of the subjects of the marital relationship has ceased to exist, which will inevitably lead to the termination of the relationship between husband and wife, and the occurrence of legal consequences such as inheritance;

2) Declaration of death, the date on which the judgment declaring the death of the missing person is pronounced shall be the date of the death of the person declared dead. The marital relationship between the person declared dead and his or her spouse shall be extinguished from the date of the declaration of death;

When the person who has been declared dead reappears, or when it is later confirmed that the missing person is not dead, the court shall revoke the original judgment of the declaration of death upon the application of the person or an interested party, and if the spouse of the person who has been declared dead has not remarried, the relationship between the husband and wife shall be restored on its own from the date on which the declaration of death is revoked; However, according to the law, in such cases, the marriage relationship can only be resumed with the consent of both spouses and the marriage must be re-registered. If the spouse has registered a marriage with another person, the latter marriage has the force of law and the original marriage is not restored.

2. Divorce; 1) Divorce by mutual agreement means that the husband and wife voluntarily divorce and reach an agreement on the legal consequences of the divorce, and the marriage relationship can be dissolved with the approval of the relevant departments. In China, if both parties divorce voluntarily, they can register the divorce in accordance with the law;

2) Litigation divorce is a divorce system in which the husband and wife cannot reach an agreement on issues such as divorce or child support or property division after divorce, and one party files a lawsuit with the people's court, and the people's court hears, mediates or makes a judgment.