How to write a divorce agreement about debts

1.Husband and wife can agree that joint debts are to be repaid jointly by both parties, and then both parties must also agree on the amount to be repaid in order to determine their respective debts;

2.Husband and wife may also agree that joint debts are to be repaid by one spouse and that the other spouse is not obligated to repay. If the creditor agrees to the agreement, it is also valid against the creditor, otherwise it is only valid internally.

If the debt is for family life, it is shared by both spouses, and if the debt is for personal consumption, it is borne by the individual.

Before the divorce, your agreement on debts should be negotiated first, and the amount of debt owed and who will pay it back should be clearly written. Then sign an agreement, write down the debt according to who you negotiated or how much each person bears, and then go to the notary office to notarize it.

Legal analysis: how to write the divorce debts of husband and wife needs to be analyzed according to the actual situation, personal debts are borne by individuals, joint debts of husband and wife are borne together, and those who are willing to bear them individually by consensus can also bear them individually.

Legal basis: Civil Code of the People's Republic of China

Article 1064:Debts incurred by both husband and wife as jointly signed by both husband and wife or by one of the husband and wife as an expression of common intent such as retrospective recognition by one of the husband and wife, as well as debts incurred by one of the husband and wife in their own name for the daily needs of the family during the existence of the marital relationship, are joint debts of the husband and wife. Debts incurred by one of the spouses in his or her own name during the existence of the marital relationship in excess of the daily needs of the family are not joint debts of the husband and wife; However, the creditor can prove that the debt is expressed by the husband and wife living together, jointly producing and operating business, or based on the common intention of the husband and wife.

Article 1065:A man and a woman may agree that property acquired during the existence of the marital relationship and property acquired before marriage shall be owned separately or jointly, or partly separately or partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is not clear, the provisions of articles 1062 and 1063 of this Law apply.

The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is legally binding on both parties. If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the counterpart, the personal property of the husband or wife shall be repaid.

Article 1089: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.

The debt issue of the divorce agreement can be written as follows: 1. The specific amount of the joint debt of the husband and wife; 2. After the divorce, it is agreed which party shall bear the responsibility for paying off the joint debts of the husband and wife; 3. The creditor's rights and debts in the name of the individual shall be enjoyed and borne by each after the divorce; 4. Both men and women need to ensure that they are earnestly performed, and if the content of the agreement is concealed or deceitful, they shall bear their own responsibility; 5. It needs to be signed by both men and women and negotiated a specific date.

[Legal basis].Article 470 of the Civil Code of the People's Republic of China [Main Terms and Model Texts of the Contract] The content of the contract shall be agreed upon by the parties and generally include the following clauses:

1) The names and addresses of the parties;

b) the subject matter; iii) quantity;

iv) Quality; 5) Price or remuneration;

6) the period, place and method of performance;

7) Liability for breach of contract;

8) Methods of Dispute Resolution.

The parties may conclude a contract with reference to the model texts of various types of contracts.

Legal analysis: The debts in the divorce agreement should be clearly stated: the separation of debts, the type of debts, the time of debt repayment, and the agreement reached by both parties.

In order to avoid the husband and wife being involved in creditor's rights and debts after the divorce, it is necessary to reach an agreement on various matters, and the most important thing in all kinds of divorce clauses is the relationship between creditor's rights and debts. In the event of a breakdown of the relationship, the best outcome is that the husband and wife reach an agreement on the contents of the bonds, bonds, etc., formulate a divorce agreement, and finally the husband and wife sign it, and then go through the relevant state agency to register the divorce, then the divorce is declared.

Legal basis: Article 1064 of the Civil Code of the People's Republic of China Debts borne by the husband and wife as jointly signed or recognized by one of the husband and wife after the fact, as well as debts incurred by one of the husband and wife in his or her own name for the daily needs of the family during the existence of the marital relationship, are joint debts of the husband and wife. Debts incurred by one of the spouses in his or her own name during the existence of the marital relationship in excess of the daily needs of the family are not joint debts of the husband and wife; However, the creditor can prove that the debt was used for the husband and wife's common life, joint production and business, or based on the common intention of the husband and wife.

The debts of the divorce settlement are written as follows:

1. The husband and wife may agree that the joint debts shall be repaid jointly by both parties, and then the two parties must also reach an agreement on the amount to be repaid to determine the debts to be repaid;

2. The husband and wife may also agree that the joint debt shall be repaid by one party, and the other party shall not bear the obligation to repay, and if the creditor also agrees to the agreement, it shall also be valid for the creditor, otherwise it shall only be valid internally. A divorce agreement is an agreement or opinion reached by both parties through consultation on matters such as child support, property and debt disposal, as well as the expression of their intention to divorce voluntarily and on matters such as child support, property and debt disposal.

3. The creditor's rights and debts in the name of the individual shall be enjoyed and borne by each after the divorce;

4. Both men and women need to ensure that they are earnestly performed, and if the content of the agreement is concealed or deceitful, they shall bear their own responsibility;

5. It needs to be signed by both men and women and negotiated a specific date.

1. Conditions for signing the agreement:

1. There are two or more parties to the contracting party;

2. The parties must conclude the contract "in accordance with the law";

3. The parties must reach a consensus on the main terms of the contract; 4. The establishment of the contract should have the stage of offer and acceptance.

Second, the preface of the signing of the agreement:

1. One of the parties makes an offer to conclude a contract;

2. If the offeree agrees to the offer, it may make corresponding commitments;

3. If the commitment takes effect, the contract is established.

4. If the contract is concluded in written form, the parties shall sign and seal it.

Legal basis: Civil Code of the People's Republic of China Article 470 The content of the contract shall be agreed upon by the parties, and generally include the following clauses:

1) The names and addresses of the parties;

b) the subject matter; iii) quantity;

iv) Quality; 5) Price or remuneration;

6) the period, place and method of performance;

7) Liability for breach of contract;

8) Methods of Dispute Resolution.

The parties may conclude a contract with reference to the model texts of various types of contracts.