What is the fraud and coercion referred to in Article 9 of the Judicial Interpretation II of the Mar

1. Determination of marriage fraud under fraud and coercion:

In this way, fraud and coercion in a divorce by mutual agreement can be found to be fraudulent when signing a divorce agreement, if one party commits fraudulent acts, such as concealing material facts or using lies, so that the other party can sign the divorce agreement against his or her will. Article 148 of the Civil Code of the People's Republic of China [Effect of Civil Juristic Acts Carried Out by Fraudulent Means] Where one party uses fraudulent means to cause the other party to carry out a civil juristic act contrary to its true intentions, the defrauded party has the right to request the people's court or arbitration institution to revoke it.

Article 1076:[Divorce by Mutual Consent]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 office. The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus reached on matters such as the destruction of the child's support, property, and debt disposition.

2. How to write a divorce agreement to have legal effect.

The divorce agreement is a substantive document for the registration of divorce by agreement, and the parties applying for the registration of the divorce must carefully prepare it, and it will have legal effect after being signed by both parties. The divorce agreement should contain the following:1

Registering a divorce is an expression of the true intentions of the parties. 2.It is a matter of who the child is born with, and the party who does not live with the child should bear the expenses for the child's upbringing, the method of payment, and the time limit.

3.The division of common property belongs to the amount and value of the parties, with a list attached. 4.

Enjoyment and repayment of joint claims and debts. 5.Solutions to the housing problem.

3. Can the divorce property division agreement be revoked?

Circumstances under which the property division agreement can be changed or revoked: 1The criteria for fraud and coercion are no different from those for determining general contracts.

Where, after trial, the people's court does not discover that there was fraud or coercion at the time of entering into the property division agreement, it shall reject the parties' litigation claims in accordance with law. Fraud and coercion are clearly and prominently provided for in the provisions. 2.

The criterion for material misunderstanding mainly refers to a material misunderstanding of the content of the agreement itself, and it must reach the level of "material". Material misunderstandings do not include misunderstandings of legal provisions. It is a major misunderstanding to mistake a cultural object of small value for a large value and to distribute it to property on this basis.

However, if it is considered that the property division agreement does not have legal effect, the misunderstanding that the property division should be resolved by a separate lawsuit after the divorce by mutual agreement is not a material misunderstanding. 3.As for the criterion of taking advantage of the danger of others, one difficult question is whether the situation where one party takes advantage of the other party's eagerness to divorce and asks for more property and the other party agrees to take advantage of the danger of others.

4.As for manifest unfairness, as long as there is no fraud, coercion, material misunderstanding or taking advantage of the danger of others in the property division agreement signed, the parties voluntarily give most or all of the property to the other party, it should generally not be found to be manifestly unfair.