Can the divorce agreement be changed Can the divorce agreement be changed

The formal divorce agreement is no longer valid. The divorce has already been completed in accordance with the content of the agreement and has legal effect.

If you haven't gone through the divorce formalities yet, you need to negotiate a settlement. Unilateral changes to the divorce agreement are invalid.

In addition, you have the right to visit your children. It doesn't make legal sense for her to stop you from visiting.

If you can prove that you are more suitable to raise the child than the child's mother, for example, she has some bad habits, abused, beaten and scolded the child, has no regular income**, and has no life***, you can ask the court to change the sentence.

OK! The reason why the divorce agreement is called the agreement is because it requires your wife's consent, an agreement that both of you agree! Must compete for husband and wife! Anything can be discussed!

Did the court rule that you were divorced? If a judgment has been rendered, the divorce agreement is null and void and the divorce has become an established legal fact.

If the divorce has not yet been decreed, you can redraft the divorce agreement, but you must get the consent of the other party. If the other party does not agree, the new divorce agreement will be invalid.

Even if you are divorced, you still have the right to visit your children, and your ex-wife has no right to obstruct it. It can be resolved through negotiation, and if the negotiation fails, a lawsuit can be filed!

In addition, you can also file a separate lawsuit to request a change of custody to you, and in addition, you can also file a separate lawsuit for a dispute over visitation rights, determine the time and method of visitation of the child, etc., so that if the other party does not agree to the visitation, you can go to the court to apply for enforcement measures.

You can negotiate with her, but she has no right to prevent you from watching the child.

The divorce agreement can be changed. According to the provisions of the Marriage Law, after a man and a woman agree to divorce, if one party repents on issues such as property division, debt assumption and child support, there are two solutions: 1. If one party repents and the other party also agrees to change the divorce agreement, he or she can change it by agreement; 2. If one party repents and the other party does not agree to the change, according to the relevant judicial interpretations, if the man and woman repent on the division of property within one year after the divorce by agreement, they may re-divide the property and file a lawsuit with the people's court, and the people's court shall accept it.

In other words, if you want to change the error of the divorce agreement, you must file a lawsuit in court within one year after the divorce by mutual agreement, and the court that filed the lawsuit after one year will not accept it. In addition, if the people's court does not discover that there was fraud or coercion when entering into a property division agreement after trial, it shall reject the parties' litigation claims in accordance with law.

Supreme People's Court Interpretation on Several Issues Concerning the Application of the "Marriage Law of the People's Republic of China" (2) Article 9: Where a man and a woman repent on the issue of property division within one year of divorce by mutual agreement, and request to modify or revoke the property division agreement, the people's court shall accept it.

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.

Legal analysis: Whether the divorce agreement can be changed needs to distinguish between two situations: (1) The divorce agreement can be changed before the divorce is registered.

Husbands and wives go to the Civil Affairs Bureau to register their divorce after signing the divorce agreement. According to the law, when a husband and wife divorce by agreement, they not only need to bring the divorce agreement, but also both parties must go to the Civil Affairs Bureau in person to handle it. The divorce agreement will only take effect after the divorce by mutual agreement has taken effect.

Therefore, it is possible to change the divorce agreement before the divorce is registered, since the divorce agreement has not yet taken effect.

2) After the divorce is registered, the divorce agreement cannot be changed.

If the husband and wife have already registered their divorce, the divorce agreement will take effect together with the divorce registration. The parties shall perform their respective rights and obligations in accordance with the provisions of the divorce agreement.

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 and apply for divorce registration in person at the marriage registration authority.

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 disposition.

Article 1077 Within 30 days from 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.

Whether the divorce agreement can be changed generally depends on the circumstances

1. If the divorce has not been registered, you can change it directly;

2. If the divorce has been registered, if it is simply unreasonable, if it can be proved that there was fraud and coercion at the time of entering into the divorce agreement, it can be sued to the court within one year. The circumstances in which a party may repudiate a divorce agreement include:

1) At the time of divorce, if one party conceals, transfers, buys, sells, or destroys the joint property of the husband and wife, or falsifies the property of the other party in an attempt to encroach on the property of the other party, when dividing the joint property of the husband and wife, the party who conceals, transfers, buys and sells, or destroys the joint property of the husband and wife or falsifies debts may receive a small share or no share. At the time of divorce, if the other party discovers that he or she has committed any of the above-mentioned acts, he or she may file a lawsuit with the people's court to request that the joint property of the husband and wife be divided again. If one party discovers the above circumstances after the divorce by mutual agreement, he or she may sue for the re-division of the joint property of the husband and wife within 2 years from the day after the discovery;

2) If the man and woman agree to divorce and repent on the issue of property division within one year, and request to modify or revoke the property division agreement, the people's court shall accept it. The plaintiff needs to prove that there was fraud, coercion, etc. when entering into the property division agreement, and the recourse can be supported by the court;

3) Where a party submits a claim for damages to the people's court on the grounds that the other party is the legally at fault of the marriage after completing the divorce registration formalities at the marriage registration authority, the people's court shall accept it. However, if the parties have expressly waived the request at the time of divorce by mutual agreement, or if the request is submitted one year after the divorce registration formalities have been completed, it will not be supported;

4) After the divorce, if the party who has a hole in the divorce files a lawsuit with the people's court requesting division on the grounds that the joint property of the husband and wife has not been disposed of, the people's court shall divide it in accordance with the law if the property is indeed the joint property of the husband and wife that was not involved at the time of the divorce.

Legal basisArticle 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 parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

The divorce agreement cannot be amended. However, the following circumstances can be amended: First, the divorce agreement can be changed before the divorce is registered, before the divorce is registered.

It cannot be changed after the divorce has been registered. Second, if one of the husband and wife conceals, transfers, sells, destroys, or squanders the joint property of the husband and wife, or falsifies the joint debts of the husband and wife in an attempt to encroach on the property of the other party, he or she may file a lawsuit with the People's Court of Justice to request that the joint property of the husband and wife be divided again. In accordance with the provisions of Article 1078 of the Civil Code, if the marriage registration authority ascertains that the parties have indeed divorced voluntarily and have reached a consensus on matters such as child support, property and debt disposal, it shall register and issue a divorce certificate.

According to the provisions of Article 1092, if one of the spouses conceals, transfers, sells, destroys or squanders the joint property of the husband and wife, or falsifies the joint debts of the husband and wife in an attempt to encroach on the property of the other party, the other party may share less or no share of the joint property of the husband and wife when the divorce divides the joint property of the husband and wife. After the divorce, if the other party discovers that he or she has committed any of the above-mentioned acts, he or she may file a lawsuit with the people's court to request that the joint property of the husband and wife be divided again. Article 1078 of the Civil Code provides that if the marriage registration authority ascertains that the parties have indeed divorced voluntarily and have reached a consensus on matters such as child support, property and debt disposal, it shall register and issue a divorce certificate.

Article 1092:Where one of the husband and wife conceals, transfers, sells, destroys, or squanders the joint property of the husband and wife, or falsifies the joint debts of the husband and wife in an attempt to encroach on the property of the other party, when the joint property of the husband and wife is divided in divorce, the other party may receive a smaller share or no share. After the divorce, if the other party discovers that he or she has committed any of the above-mentioned acts, he or she may file a lawsuit with the people's court to request that the joint property of the husband and wife be divided again.