Can a handwritten letter of commitment for divorce be valid?

The handwritten divorce agreement is valid. Article 35 of the Marriage Law stipulates that the format of the divorce agreement is as follows: 1. Specifications in content:

1) Clearly state that both parties are willing to divorce; (2) The content of the agreement is voluntarily reached by both parties; (3) There is a consensus on the handling of child support, property and debts. 2. Formal requirements: (1) Use A4 paper, blue-black ink pen or black signature pen to write or print; (2) Submit the divorce agreement in triplicate and sign it in front of the marriage registrar; (3) The content of the agreement shall be clear and legible and shall not be altered.

Let's take a look at Shenzhen.

Legal analysis: The letter of commitment after divorce is legally effective, China's civil law stipulates that as long as the matter is determined by the parties through negotiation, the court will not interfere, if there is an objection to the letter of commitment for divorce later, if the other party has sufficient reasons, it can be determined that the agreement is not flawed, and the objection request can be ignored.

Legal basis: The Civil Code of the People's Republic of China sells and distributes.

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

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, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) 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.

If the letter of commitment after the divorce is made by a person with the corresponding capacity for civil conduct, and the intention is genuine, and the content of the letter of commitment is legal, and does not violate public order and good customs, then the letter of commitment made by the parties shall have legal effect.

Article 143 of the Civil Code implemented in 2021 Civil juristic acts that meet the following conditions are valid: (1) The actor has the corresponding capacity for civil conduct; (2) The expression of intent is true; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not verify traces that violate public order and good customs. Article 502:Contracts established in accordance with law shall take effect upon their establishment, unless otherwise provided by law or otherwise agreed by the parties.

In accordance with the provisions of laws and administrative regulations, if the contract shall go through formalities such as approval, follow those provisions. If the failure to go through formalities such as approval affects the effectiveness of the contract, it does not affect the validity of the provisions of the contract on the performance of obligations such as reporting for approval and the validity of the relevant clauses. If the party who should go through the formalities such as applying for approval fails to perform its obligations, the other party may request it to bear the responsibility for violating such obligations.

In accordance with the provisions of laws and administrative regulations, the provisions of the preceding paragraph shall apply to the modification, transfer, termination of the contract, and other circumstances that shall go through formalities such as approval.