What does the divorce agreement consist of, and what does the divorce agreement include

The divorce agreement is a written material that must be submitted when both parties agree to divorce, which generally needs to be drafted after consultation between the two parties, and signed and confirmed by the Civil Affairs Bureau in front of the staff. The agreement needs to consist of three parts, the first part is the voluntary divorce of both parties; The second part is who owns the custody of the child, the amount, scope, payment method, method of exercising the right of visitation, time, special agreements for winter and summer vacations, etc.; The third part is the division of property, which is determined according to the type of property, for example, the first item is real estate, followed by the types of property such as cars, deposits, insurance, bonds, creditor's rights and debts, etc. The divorce agreement needs to focus on the parts that are particularly prone to disputes according to the focus of the dispute between the parties, and make an agreement according to the specific circumstances of both parties to avoid future legal risks.

If either party fails to perform the obligations stipulated in the agreement, the other party may file a lawsuit in the people's court with the agreement, and generally speaking, the court will make a judgment in accordance with the provisions of the divorce agreement.

There are many ways to think about this, and the normal thing is to go through the divorce procedures and have a divorce certificate before it can be considered a real divorce. But there are also some details, such as child custody, child support, and property distribution, which all have to be agreed upon.

The divorce agreement mainly includes: (1) the proportion of property division. (2) Debt apportionment. (3) Who the child is with, the amount of child support and the visitation agreement. In short, a divorce agreement is the conclusion of the rights and obligations of both parties, and the agreement of the wishes of both parties.

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 opinions they have reached through consultation on matters such as child support, property, and debt handling. The divorce agreement can be written by a lawyer or by yourself, and needs to comply with the relevant legal provisions.

3) The custody of the child is vested in the issue, and the agreement on child support and visitation rights of the child. (iv) Division of joint property and debts of husband and wife. (5) On the issue of damages for divorce.

vi) Liability for breach of agreement. Article 1076 of the Civil Code of the People's Republic of China.

The divorce agreement includes the following matching:

1. Expression of intent of the parties to divorce voluntarily;

2. Agreement on child support issues;

3. The agreement on the joint debts of the husband and wife;

4. How to deal with the joint property of the husband and wife;

5. Other matters involving both husband and wife that should be indicated.

Legal basisArticle 1076 of the Civil Code of the People's Republic of China.

If both husband and wife wish to divorce on their own initiative, they shall sign a written divorce agreement and apply in person to the marriage registration authority for registration of divorce.

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 1078.

If the marriage registration authority ascertains 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.

The divorce settlement includes:

1) Clearly state the true intention of the man and woman to divorce voluntarily.

2) Specify the name and detailed address of the existing real estate and other immovable property of both parties, and who owns the property after the divorce;

and opinions on how to divide movable property and how to deal with creditor's rights and debts.

3) If there are children, the names and ages of the children, as well as the ownership of child custody after divorce, should be indicated;

The amount of alimony payable by the parent who is not directly dependent, the time and method of payment, and the right of visitation, etc.

Legal basis] Article 31 of the Marriage Law: If a man and a woman divorce voluntarily, the divorce shall be granted. Both parties must apply for divorce at the marriage registration office. A divorce certificate is issued when the marriage registration authority ascertains that the parties are indeed willing and that the issues of children and property have been properly addressed.