How to write a divorce agreement for husband and wife to be valid?

Updated on society 2024-03-22
8 answers
  1. Anonymous users2024-02-07

    If the divorce agreement is written reasonably and legally, it is valid, for example, the distribution of the joint property of the husband and wife, the maintenance of children, if the other party is required to ask for excessive demands, it is not protected by law and is invalid, for example, if the other party is not allowed to remarry after the divorce, such conditions are invalid agreements.

  2. Anonymous users2024-02-06

    As long as the divorce agreement of the husband and wife states on the agreement that they are willing to divorce, how to divide the property in the agreement? There is also the issue of child custody, which belongs to anyone, and it is enough to write it clearly.

  3. Anonymous users2024-02-05

    As long as the divorce agreement signed by both husband and wife is voluntarily signed, then he is legal and valid, and after the divorce, if one party does not fulfill the content of the agreement, then the other party can sue him in court.

  4. Anonymous users2024-02-04

    Hello. First of all, in general, a divorce agreement is valid if it does not have:

    1) There is no violation of public order and good morals; Respectful.

    2) There is no violation of mandatory laws and regulations;

    3) There is no coercion or violation of the true intentions of the parties.

    Secondly, the validity of a divorce agreement is mainly related to time, and the divorce agreement does not take effect until both parties receive the divorce certificate.

    Finally, I would like to remind you that the divorce agreement is an agreement signed by both parties on all issues such as divorce intentions, custody issues, property issues, etc., involving all the contents of both parties during the existence of the marital relationship, in order to protect their legitimate rights and interests, it is recommended to first sort out all the property of both parties during the marriage, their own thoughts on child custody, if you are unsure or unable to sort out, you can entrust a lawyer to help you sort out and sort out your thoughts.

  5. Anonymous users2024-02-03

    As long as the husband and wife collapse and the trapped party reach an agreement through negotiation, it is a valid divorce and burial bridge agreement.

  6. Anonymous users2024-02-02

    The valid writing of the divorce agreement between the husband and wife is as follows:

    1. The man's personal information, including his name and ID number;

    2. The woman's personal information, including name and ID number;

    3. The divorce of both men and women is voluntary, without any coercion from anyone;

    4. If there is joint property, an agreement on the division of common property shall be reached;

    5. If there is a joint debt, the common property shall be used to repay, and the unpaid part shall be agreed by whom;

    6. If there are children, the issue of custody shall be properly handled.

    Where one of the spouses requests a divorce, the relevant organizations may conduct mediation 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 shall be granted. In any of the following circumstances, if mediation fails, a divorce shall be granted:

    1. Bigamy or cohabitation with others;

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

    3. Have gambling, drug abuse and other vices that have been repeatedly taught;

    4. Separated for two years due to emotional discord;

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

    Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted. Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

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

  7. Anonymous users2024-02-01

    How to write a legal and valid divorce agreement between husband and wife:

    1. The intention of the husband and wife when signing the divorce agreement is true;

    2. The content of the agreement does not violate laws, administrative regulations, and social order and good customs;

    3. Both parties have full capacity for civil conduct, and the divorce agreement shall be signed and confirmed by both parties and the date of signing shall be indicated.

    Legal basis] Article 143 of the Civil Code.

    Civil juristic acts that meet the following conditions are valid:

    1) The perpetrator has the corresponding capacity for civil conduct;

    2) The meaning is genuine;

    3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

    Article 144.

    Civil juristic acts carried out by persons without capacity for civil conduct are invalid.

  8. Anonymous users2024-01-31

    The main contents of the divorce agreement are the issue of the division of joint property, the issue of child support, and the difficult issue of creditor's rights and debts. If the agreement is reached through consultation, it shall be signed and effective when the divorce formalities are completed at the marriage registration office.

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