How to write the arrears in the divorce agreement, and how to write the arrears in the divorce agree

The arrears belong to the part of the property division in the divorce agreement and shall be written by agreement between the parties. If it is a joint debt of the husband and wife, it should be paid off by the joint property, and if it is a debt owed by one of the husband and wife, it should be handled by each of them alone and should not be written in the divorce agreement. However, in order not to cause disputes, it can be indicated that the respective arrears will be handled by the parties themselves.

However, if one of the parties pays off on behalf of the other party, the debt can be claimed against the other party. In the divorce agreement, it can also be written the reason for the arrears, the method of repayment, the specific time of repayment, etc.

[Legal basis].

Civil Code of the People's Republic of China Article 1089 [Settlement of joint debts of husband and wife in the event of divorce] In the event of divorce, the joint debts of the husband and wife shall be repaid jointly. Where the joint property is insufficient to be paid off or the property is owned by each other, the two parties shall settle it by agreement; If the agreement is not reached, the people's court shall make a judgment.

Legal analysis: The divorce agreement signed by both husband and wife is valid as long as the divorce procedures are completed and the divorce certificate is obtained.

Conversely, if the divorce is not registered, the agreement is invalid.

Marriage Registration Regulations.

Article 11 Mainland residents who go through divorce registration shall present the following documents and supporting materials:

1) Household registration booklet and ID card.

2) The person's marriage certificate.

3) A divorce agreement signed by both parties.

In addition to the certificates and supporting materials provided for in items (2) and (3) of the preceding paragraph, Hong Kong residents, Macao residents and Taiwan residents who have gone through divorce registration shall also present their own valid passes and identity cards, and overseas Chinese and foreigners shall also present their own efficient passports or other valid international travel documents.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the opinions reached through consultation on matters such as child support, property and debt disposition.

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' 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.

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.