Who knows how to write the written format of a divorce by mutual agreement

Updated on society 2024-03-13
4 answers
  1. Anonymous users2024-02-06

    When I go to get a divorce, I will enter the registration agreement on the computer before getting the divorce certificate at the Civil Affairs Bureau!

  2. Anonymous users2024-02-05

    Legal analysis: Write a divorce agreement in this way, stating that the divorce and marriage are the true intentions of both parties; Write down opinions on the division of property and child support, as well as the handling of debt issues; Write down the facts of the divorce and the reasons for the bad luck. At the same time, the divorce agreement must not harm the interests of others.

    Then go to the marriage registration office to register the divorce, and the divorce agreement can take effect. Where the law has other provisions, those provisions shall be followed.

    Legal basis: Article 1066 of the Civil Code of the People's Republic of China During the existence of a marital relationship, in any of the following circumstances, one of the husband and wife may request the people's court to divide the joint property:

    1) One party has conduct that seriously harms the interests of the joint property of the husband and wife, such as concealing, transferring, selling, destroying, or swatting the joint property of the husband and wife, or falsifying the joint debts of the husband and wife;

    2) A person with a legal obligation to support one party suffers from a serious illness and needs medical treatment, and the other party does not agree to pay the relevant medical expenses.

  3. Anonymous users2024-02-04

    Specifically, the handling of child support issues mainly refers to all issues concerning the proper arrangement of minor children and children who do not have the ability to live independently, including but not limited to which party directly raises the children, how to bear the basic expenses of child support and education, and the exercise of child visitation rights by the party who does not directly raise the children;

    The handling of property issues mainly refers to the reasonable division of the joint property of the husband and wife by both parties, and the making of arrangements for whether one party will give financial assistance to the party who has difficulties in life, or give certain compensation to the party who has paid more for family affairs such as raising children and taking care of the elderly, and how to deal with the concealed assets; Debt treatment, that is, the husband and wife clarify the joint debts and personal debts of the husband and wife during the existence of the marital relationship, and make arrangements on how to pay them off.

    Legal basis: Article 1076 of the Civil Code of the People's Republic of China stipulates that 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' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

    Article 69 of the Interpretation (I) of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China stipulates that if the parties reach an agreement on the disposal of property and debts on the condition of divorce by agreement or mediation of divorce in the people's court, if the divorce between the two parties is not concluded, and one party repents in the divorce proceedings, the people's court shall determine that the property and debt disposal agreement has not taken effect, and make a judgment in accordance with the provisions of Articles 1087 and 1089 of the Civil Code according to the actual circumstances.

    The provisions of the divorce agreement signed by the parties in accordance with Article 1076 of the Civil Code concerning the disposal of property and debts are legally binding on both men and women. Where after the registration of the divorce, the parties initiate a lawsuit due to a dispute arising from the performance of the above-mentioned agreement, the people's court shall accept it.

  4. Anonymous users2024-02-03

    Hello, I'm asking a lawyer, your question is vague, can you tell us more about what happened?

    Hello, the lawyer is at your service.

    The divorce agreement needs to state the information of both parties, the content of the division of property, etc.

    Article 1076 of the Xunqian Civil Code [Divorce by Mutual Consent] Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration at the marriage registration authority in person. The divorce agreement shall clearly state the parties' intention to divorce voluntarily and the opinions reached through consultation on matters such as child support, property and debt handling.

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