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The marriage agreement is a substantive document for the registration of divorce (divorce by agreement), and the parties applying for the registration of divorce must carefully make it, and it will have legal effect after being signed by both parties. The divorce agreement shall contain the following contents: 1. The registration of the divorce is an expression of the true intentions of both parties; 2. Where the child lives with, and the expenses for the child's upbringing that the party not living with the child should bear, and the method and duration of payment; 3. Division of common property (quantity and value belonging to the parties with a list attached); 4. Enjoyment and repayment of joint creditor's rights and debts; solutions to housing problems; 6. The method and duration of financial assistance to the party in difficulty; 7. The manner in which the right of visitation of the parent who does not live with the child is exercised and the obligation of the other parent to assist; 8. Other matters that need to be clarified in the agreement; 9. Signatures (seals or fingerprints) of both parties; 10. The time when the divorce agreement is prepared.
Wu, male, born on the day of the year, Han nationality, employee of the municipal company, Zhuoshi Road No. Office; Lin, female, born on the day of the year, Han nationality, unemployed, address as above. Wu and Lin got married in love on the day of the year, and their relationship was still good after marriage, and they had a son, Wu. Because Lin has been addicted to mahjong for nearly a year, he often does not return all night, and does not fulfill his obligation to take care of his family and son.
For this reason, quarrels often occur, the contradictions are increasingly intensified, the feelings of the husband and wife are greatly hurt, and the persuasion of the neighborhood committee, relatives and friends is ineffective, and both parties believe that they cannot live together, so the divorce by agreement is as follows: 1. The son Wu is raised by his father Wu, and Lin does not bear the child support; 2. Lin picks up his son at 8 a.m. on the first Saturday of each month and sends him back to Wu's place of residence at 8 a.m. on Sunday. 3. Half of the joint property after marriage (with a list); The property of each party before the marriage shall be owned by each of them (with a list); Fourth, the house was Wu Wu's personal property purchased before marriage, and after the divorce, Lin moved out to live in another place, and Wu gave a one-time financial assistance of 10,000 yuan. Contractor:
Wu (Signed) Lin (Signed) Follow-up question: I am a woman, my husband Zhengtian doesn't care about anything, he only surfs the Internet, he will quarrel with me, I am too tired, my heart is tired, I can't stand it. We have a son who is raised by me, with no savings, no debts, and no property, so I only have the question of child support, and the house is in his father's name, what else can I fight for.
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Legal analysis: According to the relevant laws and regulations of China, the divorce agreement mainly includes the following aspects: 1. Write the identity information of both men and women; 2. It is stated that the divorce between the man and the woman is voluntary, and the custody of the child is stipulated through negotiation; 3. Distribute the joint property of the husband and wife; 4. Provisions shall be made for the settlement of joint debts of husband and wife.
Finally, it is sufficient for both the man and the woman to sign according to their true intentions.
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 office.
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 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.
People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and the mediation is ineffective, the divorce shall be granted.
In any of the following circumstances, if the mediation fails, the divorce shall be granted:
1) bigamy or cohabitation with another person;
2) Committing domestic violence or abusing or abandoning family members;
3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;
4) Separated for two years due to emotional discord;
5) Other circumstances that lead to the breakdown of the relationship between 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.
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1. Write down the identity information of both men and women;
2. It is stated that the divorce between the man and the woman is voluntary, and the matters concerning the right to raise and raise the children are stipulated through negotiation;
3. Distribute the joint property of the husband and wife;
4. Provisions shall be made for the settlement of joint debts of husband and wife.
Finally, it is sufficient for both the man and the woman to sign according to their true intentions. Where the husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.
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 organ. The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and their opinions on matters such as child support, property, and debt handling.
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