A model divorce agreement where both parties have joint debts

This is no different from an ordinary divorce agreement Divorce agreement Basic information of both parties When the two parties met, when they got married, and now due to the breakdown of the relationship, the two parties voluntarily divorced, and the following agreements were reached: 1. Child support issues 2. Division of marital property 3. What are the joint debts of the husband and wife? Agree on the treatment of joint debts signed by both parties.

1) During the existence of the husband and wife relationship, the external debt incurred by the husband and wife for the project investment for the husband and wife to live together is 10,000 yuan (capital: 10,000 yuan). This part of the debt was confirmed as a joint debt by both parties, and the woman confirmed this part of the debt, did not raise any objection, and promised to repay it jointly by both parties.

2) Both parties confirm that the woman has no joint debts and the husband has no other debts. The scope of joint debts of husband and wife shall be subject to the confirmation of this agreement, and if there are debts not included in this agreement, they are not joint debts of husband and wife, and both men and women promise to repay them separately. If the creditor claims rights, the debtor bearer shall be responsible for repayment.

3) Since the debt is borrowed and owed by the man, the husband is responsible for the composition of the debt, and after the signing of this agreement, the woman voluntarily pays 10,000 yuan (capital: 10,000 yuan) for the husband to repay the joint debts of the husband and wife. After this part of the money is paid by the wife, it is deemed that the joint debt has been disposed of, and the woman is not responsible for the repayment of this part of the debt.

4) After the husband obtains the part of the 10,000 yuan used to pay the debts of the Republic of China, he shall use all the expenses of this part of the expenses to repay the debts, and shall not divert this part of the expenses for other purposes. If the husband diverts this part of the expenses for other purposes, the husband shall bear all the losses caused by this.

1. Is the man responsible for the debt and the divorce of the woman?

The man has debts and the woman does not have to be liable for the divorce. The law stipulates that, in general, the debtor's personal debt should be repaid by him/herself, because the debt is not based on the joint intention of the husband and wife, so the spouse is not liable for repayment. However, if the man is burdened with a debt, and the woman recognizes it afterwards, the debt becomes a joint debt of the husband and wife, then the wife needs to pay off the debt after the divorce.

The debts on 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 involvement of the husband and wife in the creditor's rights and debts after the divorce, it is necessary to reach an agreement on various matters, and the most important thing in the various divorce clauses is the balance of 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.

1. What are the methods for getting men to divorce on their own initiative?

Generally speaking, there are two ways to get a divorce:

1) In the case of divorce by mutual agreement, if the husband and wife can reach a consensus on the divorce and can reach an agreement on issues such as the division of joint property, child support, child support, and the sharing of joint debts between the husband and wife, this method may be adopted. In the case of divorce by agreement, as long as the relevant documents and divorce agreement are issued to the marriage registration authority, the marriage registration authority will examine the documents and supporting materials issued by the divorce registrant and inquire about the relevant circumstances.

Article 1076 of the Civil Code?? 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.

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.

2) Divorce by litigation: If one of the spouses does not agree to the divorce or the two parties cannot reach an agreement on issues such as divorce, division of property, child support, and sharing of joint debts, the divorce can only be obtained through litigation. Divorce by litigation is generally filed in the court where the defendant is domiciled, or in a court where the defendant has lived for more than one year. Litigation divorce takes much longer than divorce by agreement, and the trial period is generally 3 to 6 months in the first instance and 3 months in the second instance.

Article 1079 of the Civil Code?? Where one of the spouses requests a divorce, the relevant organizations may conduct mediation or directly file a divorce lawsuit with the people's court.

Article 1064 of the Civil Code of the People's Republic of China provides that debts incurred by both husband and wife in the joint signature of the husband and wife or by one of the husband and wife in the subsequent recognition of the common intention, as well as debts incurred by one of the husband and wife in their own name during the existence of the marital relationship for the daily needs of the family, 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.

Legal Analysis: A divorce agreement on the joint debts of the husband and wife is valid as long as it does not violate the provisions of the law, does not harm the legitimate rights and interests of others, and does not violate public order and good customs. The joint debts are first paid off by the joint property of the husband and wife, and the insufficient part is borne by both parties through negotiation.

If no agreement can be reached through negotiation, a lawsuit can be brought to court, and the judge will deal with the assumption of joint debts according to the actual situation. The so-called joint debts of husband and wife refer to the debts incurred by one or both spouses for the purpose of maintaining their common life or for the purpose of living together during the existence of the marital relationship. The law stipulates that divorce respects the autonomy of the parties, but even if a divorce is granted, it does not exempt the husband and wife from the burden of joint debts.

Legal basis: Article 1089 of the Civil Code of the People's Republic of China 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.