How to write a divorce agreement to voluntarily give up property

At the end of their marriage, many people will choose to divorce by agreement. In the divorce agreement, it is generally necessary to make clear provisions on the dissolution of the marital relationship, the issue of child support, and the division of property, so as to minimize the possibility of disputes after the divorce. Today I will focus on the issue of "how to write a divorce agreement in which one party voluntarily renounces all property after agreeing to divorce":

All divorce settlements should first clarify the dissolution of the marriage and the maintenance of children, and then the division of property. With regard to the division of property, first, it is necessary to clarify which is the joint property of the husband and wife, which is the personal property of the husband and wife, and which property participates in the division. Second, the expression of intention of one party to voluntarily give up all property in its name must be true and stated in the agreement.

Third, if any, the waiver, conditions, or breach of contract clause must be specified in the agreement. Fourth, the method of dispute resolution should also be specified in the divorce agreement. Fifth, the issue of ownership and assumption of creditor's rights and debts should be stated in the divorce agreement.

Finally, the divorce agreement must be agreed upon in writing. Because it is a field where disputes are frequent, it is best to have a professional lawyer write a divorce agreement involving the division of property. The law stipulates that:

Article 11 of the Regulations on the Administration of Marriage Registration Mainland residents who go through divorce registration shall prepare the following documents and supporting materials: a divorce agreement signed by both parties. The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the opinions reached through consultation on matters such as child support, property and debt disposition.

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the "Marriage Law of the People's Republic of China" (II) Article 9: Where a man and a woman repent on the issue of property division within one year after divorce by mutual agreement, and request to modify or revoke the property division agreement, the court shall accept it; If, after trial, the court does not discover that there was fraud or coercion in the conclusion of the property division agreement, the litigation claims of the parties shall be rejected in accordance with law.

The divorce voluntary waiver of property agreement should state the following contents: 1. List the basic information of the parties and the basic information of their marriage; 2. Write that both parties express their intention to divorce by agreement out of voluntary divorce; 3. A clear expression by the party who voluntarily renounces the property; 4. Signed and dated by both parties.

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.

Legal analysis: The divorce voluntary waiver of property agreement should state the following contents: 1. List the basic information of the parties and the basic information of their marriage; 2. Clearly state that both parties express their intention to divorce by mutual agreement out of their intention to divorce voluntarily; 3. A clear expression by the party who voluntarily relinquishes his or her property; 4. Both sides sign and date.

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

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement, call out the auction, and apply for divorce registration at the marriage registration office in person.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the opinions reached through consultation on matters such as child support, property, and debts.

Article 1077:Within 30 days of the date on which the marriage registration authority receives the application for divorce registration, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage registration authority.

Within 30 days after the expiration of the period provided for in the preceding paragraph, both parties shall apply in person to the marriage registration authority for the issuance of a divorce certificate; If the application is not made, it shall be deemed that the application for divorce registration has been withdrawn.

Article 1078:Where the marriage registration authorities ascertain that the parties have indeed divorced voluntarily and have reached a consensus on matters such as child support, property, and debt disposition, they shall register and issue a divorce certificate.