How to write a divorce agreement and what procedures are required for divorce

The increasing divorce rate has made everyone pay more and more attention to divorce settlements. So what exactly should be written in the divorce settlement? How to write?

Many friends have consulted questions, so today Mr. Jing will answer the content of the divorce agreement for you. First of all, if you are going to write a divorce agreement, you should clarify what issues need to be dealt with in your marital relationship, so that you can clarify what should be written in the agreement. First, the voluntary dissolution of the marriage between the parties is inevitable.

Second, if there are minor children, who will raise them? How to give living expenses and how much? How to bear the education and medical expenses incurred in the future also need to be agreed upon by both parties.

The third point, on the issue of the division of property, is divided into positive property and negative property, such as debts. To whom and how to distribute these properties. The main three points are these, and if there are other issues between the two of you, you can also agree to abide by the divorce agreement by both parties.

Legal basis: Article 31 of the Marriage Law of the People's Republic of China provides that 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.

Divorce if there is no dispute between the two people, such as the division of property, the house or household appliances, etc. If there is no dispute, it can be written clearly even if it is half of a person, or you can choose not to have a house or ask for money. There should be nothing to write on other divorce agreements, and child support also needs to be written.

For example, now the child is not 18 years old, so the words. Two people need to pay child support together. For other divorce procedures, you can take the household registration booklet and the ID card.

It can be completed on the same day.

Legal Analysis: Divorce Settlement Letter, which can be written at home. The Civil Affairs Bureau also provides a template, and the parties can choose which one to bring.

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' intention to divorce voluntarily and the opinions reached through consultation on matters such as child support, property, and debt disposition.

Article 1077:Within 30 days from the date on which the marriage registration authority receives the application for divorce registration in Lingyin Mountain, 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 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.

There are two ways to divorce, one is divorce by agreement. One is divorce by litigation.

For divorce by agreement, you need to go to the local marriage registration office to go through the divorce procedures, and bring your ID card, marriage certificate, household registration book and other valid documents. Make an appointment for divorce first, and when the appointment time expires, you will come back to handle the divorce procedures on the same day.

The divorce agreement is used when handling a divorce by mutual agreement. The main content is the division of joint property, child support, and the handling of claims and debts.

1.The title of the divorce agreement should be clear, such as "Divorce Agreement" or "Spouse Agreement".

2.The agreement should specify the basic information and identity information of the divorced parties, such as name, ID number, place of origin, etc.

3.The agreement should contain the mutual wishes of the divorced parties and clarify their respective rights and obligations, such as the division of property, child support, visitation rights, and the assumption of family debts.

4.The agreement shall indicate the specific implementation time, method, responsible person and other details of each agreement.

5.The agreement must be signed by both parties to ensure the authenticity and validity of the agreement.

It should be noted that the writing of the divorce agreement needs to follow the provisions of laws and regulations. If you have any doubts about the content of the agreement, it is recommended to consult a professional lawyer to ensure that the divorce agreement is legal and valid.

The divorce procedures need to be signed first, and the divorce agreement can be filled in according to the actual situation. It generally includes the following aspects:

1.Reasons and wishes for divorce: Both parties need to clearly state the reasons for divorce and the parties' willingness to divorce in the agreement.

2.Child custody, visitation and alimony: If both parties have children, the agreement should clearly stipulate the custody, visitation and alimony of the children.

3.Property division: Both parties need to discuss the division of property, including joint property and personal property.

4.Debt settlement: Both parties need to discuss how to settle joint and personal debts.

5.Entry into force of the divorce agreement: Both parties need to determine the conditions and time for the divorce agreement to take effect.

6.Other agreed matters: The two parties can also discuss other agreed matters according to the actual situation, such as family and land separation.

It should be noted that the divorce agreement must be signed by both parties through consultation and notarized by the notary public. At the same time, the divorce agreement must not violate the provisions of laws and regulations, otherwise it will be invalid.