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If you don't have children, it's simpler, and if you have children, it's best to consult a lawyer.
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The following is a sample divorce agreement (1).
Contractor: Male:
Woman: The man and the woman are now voluntarily divorced due to the complete breakdown of the relationship between the husband and wife, and the following agreements have been reached on the relevant matters after mutual agreement:
1. The husband shall raise the daughter born in wedlock between the two parties, and the woman shall pay a total of RMB in child support before the day of each month. The woman picks up the child at 9 a.m. on every bi-weekly Saturday and returns the child to the man's residence before 7 p.m. on the same day.
2. The plan for the division of the joint property of the two parties is as follows:
The house jointly owned by the husband and wife in the No. 1 room of the city road is registered in the names of both parties and is the joint property of both parties. The two parties now agree:
After the divorce, the house is owned by the man, and the woman cooperates with the man to go through the registration procedures for the change of property rights. All taxes and fees payable for the registration of change of property rights shall be borne by the husband.
In order to ensure the children's living and living environment, the wife gave up the discount for the division of the common property of the property.
3. The woman voluntarily raises RMB for the medical expenses during the period when the parents are obliged to raise the children, and if the above money is insufficient to cover the above medical expenses, the excess amount shall be borne by the man.
4. Other property in the names of both parties shall be owned by each party.
5. The husband and wife have no other joint creditor's rights and debts during the existence of the marital relationship; The creditor's rights and debts in the name of the individual shall be enjoyed and borne by each individual after the divorce.
Both parties guarantee that the above agreements will be earnestly performed; If the content of the agreement is concealed or deceitful, you shall bear your own responsibility.
Contractor: Male: (Signed) Female: (Signed).
YYYYYYYYYYYYYYYYYYYYYYYYYYYYY
This Agreement shall be executed in triplicate, one copy for each of the parties, and one copy shall be filed with the marriage registration authority).
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The divorce agreement can be written in this difficult way:
1. Clearly state that the divorce is the true intention of both parties;
2. Clearly state the opinions on the division of property, child support and debts;
3. Write down the facts and reasons for the divorce. 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.
[Legal basis].Article 1076 of the Civil Code of the People's Republic of China.
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.
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A divorce agreement is a written agreement signed by both spouses who are about to dissolve their marriage on the division of property, custody and visitation of children, spousal support, child support, etc. The divorce agreement must be in writing, signed by both spouses, and approved by the court or the marriage registration administration department before it can be legally valid. [Legal basis].
Article 1076 of the Civil Code of the People's Republic of China 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' voluntary expression of intent to divorce and the consensus on matters such as child support, property, and debt disposition. Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.
People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted. In any of the following circumstances, where mediation fails, the divorce shall be granted: (1) bigamy or cohabitation with another person; (2) Committing domestic violence or abusing or abandoning family members; (3) Having gambling, drug abuse, or other vices that have been repeatedly taught; (4) They have been separated for two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the relationship between husband and wife.
Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted. Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted. Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support.
The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment. The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary. Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.
The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.
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The woman wants to write the divorce agreement as follows:
1. Write the "Divorce Agreement" on your letterhead;
2. Write the identity information of both men and women after the letterhead, including name, date of birth, ID number, ethnicity, and address;
3. After that, write when and where the two parties registered their marriage, and voluntarily divorced due to the incompatibility of the two parties' personalities and the breakdown of the relationship.
4. Write clearly the name of the minor child, who will directly raise the child, how much child support will be paid on a monthly or annual basis or in a lump sum, and how the party who does not directly raise the child will exercise the right of visitation.
5. Write clearly how the two parties divide the common property and how to bear the debt, if there is no common property or debt, then the two parties have no common property and debt;
6. Finally, write "this agreement shall be in triplicate, one for each man and a woman, and one for the registration authority", and reserve the signature of both men and women.
The attached template is as follows:
Contractor: Male, born on the date of the year, family, living in the city number.
Contractor: Female, born on the date of the year, ethnicity, living in the city number.
Both parties to the agreement shall go through the registration procedures for the remaining marriage in the people's ** of the district. Due to the incompatibility of the personalities of the two parties and the inability to live together, the relationship between the husband and wife has completely broken down, and now the two parties have reached the following agreement on the matter of voluntary divorce
1. Divorce with voluntarily.
2. The son is raised by the woman, and the man pays the child support every month, which is paid before the end of each month; Until the payment reaches the age of 8, the relevant fees after the age of 8 will be renegotiated by both parties in the future.
3. The husband and wife have a set of buildings located on the road number, worth RMB, which is now owned by the woman; The household appliances and furniture in the house (see list) belong to the woman; The man's bank deposit is owned by the woman.
4. The husband and wife have no joint claims and debts.
5. The son can be picked up at 8 a.m. on the first Saturday of each month and sent back to A's place of residence at 9 a.m. on Sunday.
This Agreement shall be executed in triplicate, one copy for each party, and one copy shall be filed with the marriage registration authority, which shall come into force after being signed by both parties and completed by the marriage registration authority.
Male: Female:
YYYYYYYYYYYYYYYYY
Legal basis: Article 1076 of the Civil Code of the People's Republic of China.
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 intention of the two brothers to voluntarily divorce and the consensus on matters such as child support, property, and debt disposal.
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If the property and children are properly handled, the property and debts should be clearly agreed, and the custody and alimony of the children should also be dealt with.
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No joint property, no joint debts, no child custody disputes.
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Divorce Settlement.
Male: Female:
The man and the woman registered their marriage in Shaanxi Province in January 2019. After marriage, the feelings of the two parties have been discordant, and the parties have now agreed to divorce voluntarily through consultation, and the following agreement is hereby reached on issues such as child support and the division of joint property, and the agreement is the true expression of the intention of both parties.
Article 1: Divorce of both men and women is voluntary. Based on the principle of not affecting the children's life and learning, both parties will assist in handling the following matters in a mutually considerate manner.
Article 2: The parties have children after marriage, respectively. Since the children have reached the age of 18, the agreement does not cover the issue of maintenance.
Article 3: The division of the property of the parties shall be as follows:
1) During the marriage, if the husband and wife jointly own the house, it is now agreed that the ownership of the house shall be owned by one person, and the remaining housing loan shall be borne by one person. If the name of the owner of the real estate title certificate is changed, he must assist in all the procedures for the change at any time, and the transfer fee shall be borne by the owner.
2) The vehicle (license number: Shaanxi) during the existence of the relationship between husband and wife shall be owned.
3) Daily necessities and personal belongings during the marriage shall be owned by each of them.
4) The property acquired by the parties before marriage belongs to each party and belongs to each party.
Article 4: Creditor's Rights and Debts:
1) The joint debts of both parties during the marriage period shall be 10,000 yuan, which shall be borne by them.
2) There is no joint creditor's right between the two parties during the marriage, and the issue of division of creditor's rights is not involved.
Article 5: The two sides shall implement the above-mentioned agreement in accordance with the principle of mutual understanding and mutual accommodation.
Article 7: The handwritten part of this agreement is the true expression of the intention of both parties and is recognized by both parties, and has legal effect.
Article 8: This Agreement shall be executed in triplicate, one copy for each man and one for each woman, and one copy shall be filed by the marriage registration authority, and shall take effect from the date of issuance of the Divorce Certificate by the marriage registration authority.
Male: Female:
YYYYYYYYYYYYYYYYYYYYYYYYYYYYY
Attached: A copy of the ID cards of both parties.
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Here's a sample article for you:
Then you can write it according to your actual situation, and the divorce agreement can be written.
Male: XX, male, Han nationality, born on the day of the year, living ID number:
Woman: XX, female, Han nationality, born on the day of the year, living ID number:
The two parties met in the year and month, registered their marriage on the date of the year, and gave birth to a son (daughter) on the day of the year and month after the marriage, and now the relationship between the husband and wife has completely broken down, and there is no possibility of reconciliation
1. Divorce of both men and women is voluntary.
2. Child support, child support and visitation rights:
The son (daughter) is raised by the woman and lives with the woman, and the maintenance expenses (including child support, education expenses, and medical expenses) are fully responsible for the husband, and the man shall pay a lump sum of yuan to the woman as the daughter's maintenance fee before the date of xx, xx, xx, and xx.
Under the condition that it does not affect the child's study and life, the man can visit the child raised by the woman at any time.
3. Disposal of joint property of husband and wife:
1) Deposit: The existing bank deposits in the names of both parties are totaling RMB, and each side is divided into half of RMB. Distribution:
The deposits in their respective names remain unchanged, but the man and the woman shall pay a lump sum to the woman and the man before the date of xx, xx, xx, and xx.
2) House: The ownership of the real estate located in the joint ownership of the husband and wife is owned by the party.
3) Other property: Before marriage, the property of each party shall be owned by each party, and the personal necessities and jewelry of the man and woman shall be owned by each of them (with a list).
4. Handling of creditor's rights and debts:
Both parties confirm that they have not incurred any joint debts during the existence of the marital relationship, and if either party has external debts, the debtor shall bear them by themselves. (The debts borrowed by the Party from the Party on the date of the ...... of the Party shall be borne by the Party itself.))
5. Liability of one party for concealing or transferring the joint property of the husband and wife:
The parties acknowledge that the joint property of the husband and wife is clearly stated in Article 3 above. Except for the above-mentioned houses, furniture, household appliances and bank deposits, there is no other property, and either party shall guarantee the authenticity of all the joint property of the marriage listed above.
6. Financial assistance and moral compensation
Due to the woman's financial difficulties, the husband agreed to pay the woman a lump sum of financial assistance. In view of the reason for the husband's request for divorce, the husband should compensate the woman for the moral damage in a lump sum. All the amounts due from the above-mentioned husband shall be paid by xx-xx-xx.
This Agreement shall be executed in triplicate, one copy for each man and woman, and one copy for filing by the marriage registration authority, and shall take effect from the date on which the Divorce Certificate is issued by the marriage registration machine.
Male: (Signed) Female: (Signed).
YYYYYYYYYYYYYYYYYYYYYYYYYYYYY
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According to your own situation, it is good to ask the Civil Affairs Bureau.
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