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Anonymous users2024-02-07Legal analysis: The divorce agreement will not involve the issue of how to write it to be valid, as long as the husband and wife voluntarily sign it and register the divorce with the Civil Affairs Bureau, the divorce agreement will 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 at Ling Yinshan 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 1077:Within 30 days of receiving an application for divorce registration by the paper marriage registration authority, if either party is unwilling to divorce, it may withdraw the application for divorce registration from the marriage registration authority.
Within 30 days after the expiration of the time limit provided for in the preceding paragraph, both parties shall apply in person to the marriage registration authority for the issuance of a divorce certificate, and if they fail to do so, the application for divorce registration shall be deemed to be withdrawn.
Article 1078:The marriage registration authorities shall ascertain that the parties have indeed divorced voluntarily, and have already reached a consensus on matters such as child support, property, and debt handling, and shall register and issue a divorce certificate.
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Anonymous users2024-02-06Interim Norms for Marriage Registration Work:
Article 55 The conditions for accepting an application for divorce registration are:
4) The parties hold a divorce agreement, which sets out the parties' willingness to divorce and their opinions on matters such as child support, property and debt disposal;
It can be seen from this that the requirements for writing a divorce agreement are:
a. Both parties must make it clear that the divorce is voluntary;
b. The content of the divorce agreement is naturally split between the two parties;
c. In the divorce agreement, it is necessary to express opinions on the handling of child support, property and debts.
At the same time, the divorce agreement also has the following requirements:
a. The content agreed in the divorce agreement shall not violate national laws and regulations;
c. The contents of the divorce agreement shall not deprive or restrict the legal rights of either party.
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Anonymous users2024-02-051. Evidence collection of basic conditions of both parties.
2. Evidence of the basic conditions of the parents of the double orange rotten hole.
3. Evidence collection of children's living environment.
4. The child's opinion is very important.
Legal basis: Article 1,000 of the Civil Code of the People's Republic of China Article 1,000 Yuan and Article 84 The relationship between parents and children is not extinguished by the divorce of parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother.
After divorce, parents still have the right and obligation to raise, educate and protect their children.
In the event of a divorce, children under the age of two shall be raised directly by their mothers. Where the parents do not return to an agreement on the issue of custody for a child who has already reached the age of two, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child. Where children have reached the age of 8, their true wishes shall be respected.
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Anonymous users2024-02-04The divorce agreement needs to be signed by both parties at the marriage registry office when the divorce formalities are completed.
The main content of the divorce agreement is the division of joint property, the custody of children and child support, and the handling of claims and debts.
The divorce agreement and the marriage registration hall have a certain format for companionship, and it needs to meet the format requirements.
The divorce agreement shall be written in triplicate, one for each party and one for the record at the marriage registry.
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Anonymous users2024-02-03According to Article 1076 of the Civil Code, 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 authority. The divorce agreement shall clearly state the parties' intention to divorce voluntarily and the opinions they have reached consensus on matters such as child support, property, and debt handling.
and Article 1079 of the Civil Code, where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with the people's court.
1. Divorce by mutual agreement
1. Application. A man and a woman apply for a divorce by mutual agreement.
2. Review. The marriage registration agency will review the divorce application.
3. Approval. After a 30-day period of cold and calm for divorce, both parties will go to the marriage registration office to obtain the divorce certificate within 30 days.
2. Divorce by litigation
1. Entrust a lawyer to write a complaint, collect evidence, and file a case in the court.
2. After the court accepts the case, mail a summons to both parties.
3. After the mediation fails, the trial will be conducted.
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Anonymous users2024-02-02For a divorce agreement to be valid after it has been transcribed, it needs to meet the statutory conditions for it to take effect. A divorce agreement is valid if the following conditions are met:
1. Both parties to the divorce agreement must have the corresponding civil capacity;
2. The divorce agreement must express the true intentions of both parties;
3. The divorce agreement concluded does not violate the mandatory provisions of laws and administrative regulations, let alone the public order and good customs of the society.
A divorce agreement is an expression of the intention of both parties to divorce voluntarily, as well as an agreement or opinion reached through consensus on matters such as child support, property and debt disposal. The divorce agreement is the written form of the divorce agreement, which is generally clearly written, the intention of both parties to divorce voluntarily, and the consensus on matters such as child support, property and debt disposal.
Legal basis] Civil Code of the People's Republic of China
Article 143:[Conditions for Civil Juristic Acts to Have Effect]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 regulations, and do not violate public order and good customs.
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Anonymous users2024-02-01According to the provisions of the Civil Code, under normal circumstances, the divorce agreement is written in this way: 1. The parties to the divorce agreement need to have the corresponding civil capacity; 2. The divorce agreement signed by both parties must express the true intention of the parties; 3. The divorce agreement negotiated by both parties does not violate the mandatory provisions of laws and administrative regulations, let alone the public order and good customs of the society.
[Legal basis]."Civil Code of the People's Republic of China" Article 143 [Conditions for the Validity of Civil Juristic Acts]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.
Based on your writings, now your question is as follows:
1. Divorce agreement template (sample). >>>More
First of all, the prerequisite for the divorce agreement to take effect must be that both parties have gone through the divorce procedures at the Civil Affairs Bureau. The agreement on personal relations, that is, the agreement on whether or not to agree to divorce, cannot be bound by a written contract, that is, the law will not interfere with the repeated changes in the expression of intent between the parties to agree to the divorce, but once the parties have registered the form, that is, the relevant divorce registration has been completed, the law will confirm the fact of divorce. However, if only the two parties agree in writing to go through the divorce procedures together, but one party repents, the law will not give the other party the right to enforce, nor will it grant the court the right of compulsory recognition. >>>More
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Many couples choose to divorce because of incompatible personalities or other problems between the two parties, and divorce in China is divided into two ways: divorce by agreement and divorce by litigation. For a divorce by agreement, it is required to sign a divorce agreement, so is the divorce agreement divided into simple and complex? Let's take a look at how to write a simple divorce agreement. >>>More
Prenuptial agreements are strong and take effect from the date of signature by both the man and the woman. It should be noted that if the personal property owned by one party is completely agreed to be completely agreed on by the other party, especially the real estate, there is a risk that the court will recognize it as a gift, and the gift contract can be revoked before the completion of the gift, that is, before the transfer of the real estate, the donor can revoke the expression of intent to make the gift at any time, in this case, you had better notarize the prenuptial agreement, and the notarized gift cannot be revoked; In addition, it should be noted that you need to emphasize in the agreement that the purpose of the agreement is to better marital life, so as to avoid confusion with the divorce agreement, which is an agreement signed for divorce, which takes effect from the date of registration and filing with the civil affairs department, and can be renegotiated at will before it, but it has not yet taken effect.