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The divorce agreement mainly needs to state the reasons for the divorce, when the two registered their marriage, and what reasons caused them to be unable to continue living after marriage. Since it is an agreement, it means that the two people have reached a divorce agreement together on the basis of fairness, justice and voluntariness. In addition, the core content of the agreement should be clearly written, that is, the division and disposal of property.
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The above ** is the lawyer of the family law firm for "How to write a divorce agreement? 》Explanation of marriage issues, the main content of the explanation is that lawyer Yi Yi will teach you how to write the divorce agreement, what information is needed, and ensure the legal effect of the divorce agreement.
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Hello, find a legal partner, a legal platform, ask a lawyer, or ask him to write a copy for you, because the divorce agreement is very important in divorce.
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Legal analysis: The divorce agreement is an agreement that needs to be submitted and filed with the Civil Affairs Bureau when both parties apply for divorce at the Civil Affairs Bureau. The divorce agreement shall explain and stipulate the identity information, custody ownership, property situation, and debt situation of both parties and the children born.
However, the provisions in the divorce agreement can only bind the parties to the agreement and cannot be used against a bona fide third party.
Legal basis: Article 1076 of the Civil Code of the People's Republic of China Where a 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 1084:The relationship between parents and children is not extinguished by the divorce of the parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother.
After divorce, parents still have the right and obligation to raise, educate and protect their children.
In the event of a divorce, children under the age of two shall be raised directly by their mothers. For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child. Where children have reached the age of 8, their true wishes shall be respected.
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 1088:Where one of the spouses bears more obligations due to raising children, taking care of the elderly, assisting the other party in work, and so forth, they have the right to request compensation from the other party at the time of divorce, and the other party shall give compensation. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.
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