Who helped me draft a divorce agreement and how to draft a divorce agreement

Chinese law does not provide for automatic divorce, and there are only two ways to divorce: divorce by agreement and divorce by litigation.

Article 32 of the Marriage Law of the People's Republic of China: If a man and a woman request a divorce, the relevant departments may mediate or directly file a divorce lawsuit with the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce should be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation of a person with a spouse;

2) Committing domestic violence or abusing or abandoning family members;

3) Those who have bad habits such as gambling and drug abuse that they do not change;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

If one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Although this article stipulates that "separation for two years due to emotional discord may be used as the basis for determining the breakdown of the relationship between husband and wife", it is not necessary to divorce after two years of separation.

In fact, separation for ten or twenty years will not automatically divorce, and the so-called separation for a certain period of time is an automatic divorce that people misunderstand this legal provision.

Even if the separation has been for two years, it is not automatically regarded as a divorce, and the divorce by agreement needs to go to the Civil Affairs Bureau to go through the divorce procedures, and the lawsuit for divorce must be filed through the court, and the divorce is only officially divorced after the judgment of divorce takes effect.

Please help me draw up a divorce agreement...The content of the divorce agreement should at least include: an expression of the intention of both parties to divorce voluntarily; child support; property disposal; Debt Treatment. Divorce Agreement Male: XX, male ,..

Legal analysis: 1. Clearly state that the divorce is the true expression of the intention of both parties;

2. Clearly state the opinions on the division of property, child support and debts;

3. Write down the facts and reasons for the divorce. At the same time, the divorce agreement must not harm the interests of others. Then go to the marriage registration office to register the divorce, and the divorce agreement can take effect.

Legal basis: 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 shall be deemed that the application for divorce registration has been withdrawn.

Article 1078 Where the marriage registration machine ascertains that the parties have indeed divorced voluntarily and have reached a consensus on matters such as child support, property, and debt disposition, it shall be registered and a divorce certificate shall be issued.

The library has a template, you can find a template, and change it according to your actual situation.

Depending on the reality, seek the opinions of both parties and write it down.

If you draft a divorce agreement, it is actually very easy to write, that is, these properties in the family. Why is Chasen's group divided without a ruler? Whether it is divided together, or one of them, do not leave the house.

Or leave a wife and children, go out of the house by yourself, and you are willing. Just sign it. Both signed.

Drafting a divorce agreement reads as follows:1. Write down the identity information and basic information of both parties.

2. The content reflects the intention of the parties to divorce voluntarily.

3. It must include the ownership of child custody, the agreement on child support, the agreement on visitation rights, the agreement on the confirmation and clear division of the joint property of the husband and wife, and the agreement on how to pay off the joint debts of the husband and wife.

4. The terms and conditions shall not violate the prohibitive provisions of the law and the public interest.

1. The name, work unit, and home address of both men and women; Reasons for divorce;

2. Property disposal, including pre-marital property and post-marital property; ownership of housing; Other agreements, including creditor's rights and debts, etc.;

3. Children's issues, including custody issues and the amount of child support; If you have no children, you need to state that you are childless in the divorce agreement.

The divorce agreement takes effect from the date of divorce and is binding on both parties, and should be signed with caution.

Legal analysis: 1. Clearly state that the divorce is the true expression of the intention of both parties;

2. Clearly state the opinions on the division of property, child support and debts;

3. Write down the facts and reasons for the divorce. At the same time, the divorce agreement must not harm the interests of others. Then go to the marriage registration office to register the divorce, and the divorce agreement can take effect.

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

Article 1076:Where both husband and wife voluntarily divorce, 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 opinions reached through consultation on matters such as child care, lack of maintenance, property, and debt handling.

Article 1077:Within 30 days of the marriage registration authority receiving the application for divorce registration, if either party is unwilling to divorce after deferring the training, it 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: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.