On the question of the divorce agreement, on the divorce agreement

If the divorce agreement has been signed, but the divorce registration procedures have not been completed, then the divorce agreement has not taken effect, and the parties can re-agree on child custody, property division, and debt bearing, and redraft the agreement, which can be changed at this time. However, if both parties have already registered the divorce with the signed agreement, then the divorce agreement cannot be amended. However, where there is fraud, coercion, or other circumstances at the time of entering into a property division agreement, the man and woman may request to modify or revoke the property division agreement within one year of the divorce by mutual agreement.

In the case of divorce by agreement, after negotiation between the two parties, they should go through the divorce formalities at the original marriage registration authority with the divorce agreement, marriage certificate and ID card of both parties and receive the divorce certificate; If one party does not agree or repents of non-performance after signing the divorce agreement, then the divorce shall be filed in the court where the defendant is domiciled, or in the court where the defendant has resided for more than one year, or if the defendant's whereabouts are unknown or imprisonment for more than one year, the divorce may be filed in the court where the plaintiff is located. The first instance is generally 6 months, and the second instance is 3 months. If the court does not leave the first judgment, it can file a new lawsuit after half a year, and the court of the second prosecution should generally rule away.

First of all, it can be written into the agreement, but if the daily rent of 100 yuan you said is higher than the normal local rent, the court will not support it when the court sues to protect your rights, because it is an unreasonable clause, it is recommended that you move out within one month after the divorce, if the woman does not move within the time limit for various reasons, you will appeal to protect your rights, and all the costs arising therefrom shall be borne by the woman.

When defending rights, bring the agreement and the indictment to the local court to file a lawsuit.

For 10,000 yuan, if you can't pay it off immediately, you can agree on how long it will take to pay it off, and if you can pay it off immediately, it's best to ask the other party to make a receipt when you pay.

Tianjin Lawyer Li (Professional Divorce Lawyer):

The agreement will only take effect if both parties go through the divorce procedures by mutual agreement. If one party fails to perform, the other party may sue or apply for enforcement. Lawyers should know that what the client needs is not a pile of legal provisions, but a solution to the problem.

Lawyer Li believes that providing free legal advice is a way for lawyers to give back to the society, and lawyers should handle divorce cases with the goal of closing the case and leaving no hidden dangers.

The divorce agreement has no enforceable effect.

You can make a copy of the divorce agreement, but you can't sign it at the end, and you must sign it.

Legal analysis: According to the laws of our country, divorce by agreement refers to a registered divorce, and both parties shall apply for divorce registration in person at the marriage registration authority, and within 30 days from the date of receipt of the divorce registration application by the marriage registration authority, if either party is unwilling to divorce, he or she may withdraw the application for divorce marriage registration from the marriage registration authority. Within 30 days after the expiration of the time limit, 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.

To register for divorce, you need to bring your household register, ID card, marriage certificate, and divorce agreement.

Legal basis: Marriage Registration Regulations

Article 10 Where a mainland resident voluntarily divorces, both the man and the woman shall jointly go to the marriage registration authority at the place where one of the parties has permanent residence to register the divorce. Where a Chinese citizen voluntarily divorces a foreigner in Chinese mainland, or a mainland resident voluntarily divorces with a Hong Kong resident, Macao resident, Taiwan resident or overseas Chinese in Chinese mainland, both men and women shall jointly go to the marriage registration authority at the place where the mainland resident has a permanent household registration to complete the divorce registration.

Article 11 Mainland residents who have gone through divorce registration shall present the following documents and supporting materials: (1) their household registration booklet and identity card; (2) The person's marriage certificate; (3) A divorce agreement signed by both parties. In addition to the certificates and supporting materials provided for in items (2) and (3) of the preceding paragraph, Hong Kong residents, Macao residents, and Taiwan residents who have gone through divorce registration shall also present their own valid passes and identity cards, and overseas Chinese and foreigners shall also present their own valid passports or other valid international travel documents.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the opinions reached through consultation on matters such as child support, property and debt disposition.

Article 13: Marriage registration organs shall review the documents and supporting materials issued by the parties to the divorce registration and inquire about the relevant circumstances. Where the parties are truly voluntarily divorced and have reached a consensus on issues such as child support, property, and debts, they shall be registered on the spot and a divorce certificate shall be issued.

Civil Code of the People's Republic of China

Article 1076: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 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.

Article 1077:Within 30 days of 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 will be deemed to have withdrawn the application for divorce.

Article 1078:Where the marriage registration authorities ascertain that the parties have indeed divorced voluntarily and have reached a consensus on matters such as child support, property, and debt disposition, they shall register and issue a divorce certificate.

Summary. Hello dear, happy to answer your <>

A divorce by mutual agreement generally refers to a divorce agreement, which refers to a written agreement signed by both spouses who are about to dissolve their marriage on the division of property, child custody and visitation, spousal support, and child support. The divorce agreement must be in writing, signed by both husband and wife, and approved by the court or the marriage registration management department before it can have legal effect, which is one of the contents required for divorce procedures.

Divorce by mutual agreement.

Hello dear, happy to answer your <>

A divorce by mutual agreement generally refers to a divorce agreement between the husband and wife, which refers to a written agreement signed by the husband and wife who are about to dissolve the marriage relationship on the division of property, custody and visitation of Zifengmo's daughter, spousal support, child support, etc. The divorce agreement must be in written form, signed by both husband and wife, and approved by the court or the marriage registration management department before it can have legal effect, which is one of the contents required for the renewal of the divorce.

Legal analysis: The legal effect of the divorce agreement has the following three provisions: 1. The divorce agreement has legal effect after it is signed by both the male and female parties and the divorce is registered.

If one party fails to comply with the content of the agreement, the other party may file a lawsuit in the court for performance. 2. The divorce agreement shall be valid for a long time after it is signed, and there is no time limit. 3. If only the divorce agreement is signed and the divorce registration is not actually completed, the agreement will not take effect.

Legal basis: Article 1076 of the Civil Code of the People's Republic of China Where a 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' willingness to leave the marriage and their consensus on matters such as child support, property and debt handling.

In terms of custody, in accordance with the principle that the maintenance of the parent is beneficial to the child's growth, the court will comprehensively consider the child's current living status, the working income and moral aspects of both husband and wife, and whether the child has been raised by one of the parents.

Children under the age of 2 are generally given to the mother, and children over the age of 10 are given the opinion of the child. If there are two children, one child is raised by one person as a general rule.

The parent who does not support the child should pay child support, which is generally 20-30% of the party's income. Child support includes living expenses, education expenses, medical expenses, etc.

If the two parties agree, then the child will naturally agree.

The divorce agreement mainly needs to state the reasons for the divorce, when the two registered their marriage, and what reasons caused them to be unable to continue living after marriage. Since it is an agreement, it means that the two people have reached a divorce agreement together on the basis of fairness, justice and voluntariness. In addition, the core content of the agreement should be clearly written, that is, the division and disposal of property.

1.It is recommended that you take the bride price first.

2.The divorce agreement should be signed with your wife. Signing an agreement with your wife's relative is invalid, even if the wife's relative has a power of attorney. Because the adjustment of property relations and child support issues after divorce is not protected by the Contract Law, but by the General Provisions of the Civil Law.

1. When does it expire? Is it 2011 or 2012? If the expiration date has expired and the husband fails to perform, the woman can file a lawsuit with the court with evidence such as the divorce agreement and divorce certificate, and the court will make a judgment.

2. This agreement is special, but from the perspective of civil law, this agreement has been registered and filed in the civil administration, and it should be the true intention of both parties, and the woman can put forward such a claim and have the opportunity to be supported.

The first problem is to go to court. Question 2 The agreement has legal effect, but you have to provide evidence that the husband did not pay 150,000 yuan, if you can provide evidence that the man did not pay, you can go to the housing management office to go through the transfer procedures with the evidence and the divorce agreement (determined by the Civil Affairs Bureau).

1. Take the divorce agreement and divorce certificate to the court to sue.