What is the model old age divorce agreement?

The divorce agreement is drawn up by both parties before the divorce and after reaching an agreement, it is brought to the marriage registration office. After being confirmed by the marriage registration authority, it will have legal effect. According to Article 11 of the Marriage Registration Regulations, a Mainland resident who registers a divorce shall present the following documents and supporting materials:

1) The person's household registration booklet and ID card;

2) The person's marriage certificate;

3) 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.

1. The registration of the divorce is an expression of the true intentions of the parties;

2. Where the child lives with, and the expenses for the child's upbringing that the party not living with the child should bear, and the method and duration of payment;

3. Division of common property (quantity and value belonging to the parties with a list attached);

4. Enjoyment and repayment of joint creditor's rights and debts;

solutions to housing problems;

6. The method and duration of financial assistance to the party in difficulty;

7. The manner in which the right of visitation of the parent who does not live with the child is exercised and the obligation of the other parent to assist;

8. Other matters that need to be clarified in the agreement;

9. Signatures (seals or fingerprints) of both parties;

10. The time when the divorce agreement is prepared.

Legal Analysis: A divorce agreement is a written form in which the spouses agree to the divorce and reach an agreement on issues such as child support, division of marital property, etc. In general, it should include the following:

1. The basic information of the parties and their marriages. Name, gender, date of birth, ethnicity, place of origin, place of work, occupation, address, ID number, date of marriage, number of children born, reason for divorce.

2. An expression of agreement between the two parties to divorce.

3. Living arrangements for minors and adult children who cannot live independently. After the divorce, the children live with the same party, and how to pay child support, including education expenses. The issue of visitation of the child by the parent who does not live with the child.

4. Division of joint property and debts of husband and wife.

5. The specific time for one party to implement economic assistance for the other party in difficulty, including how to solve the housing problem of the party without housing property rights and no house to live in.

6. On the issue of damages for divorce. If one of the parties is legally at fault, i.e., bigamy, cohabitation with another spouse, domestic violence, abuse, or abandonment of a family member, the innocent party has the right to claim damages.

7. Liability for breach of 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' 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.

Article 1085:After divorce, where children are directly raised by one party, the other party shall be required to bear some 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 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

Legal analysis: 1. The identity information of both parties (name, address, ID number, etc.) 2. The expression that the registration of divorce is the true intention of both parties 3. There is an agreement on the custody of the children, child support, and the right to explore the sun, 4. The agreement on the joint property, creditor's rights and debts of the husband and wife 5. Other matters that need to be clarified in the agreement; 6. Signatures (fingerprints) of both parties; 7. The date on which the divorce agreement was signed.

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' intention to divorce voluntarily and their consensus on matters such as child support, financial and violent birth, and debt disposal.

The divorce settlement includes the following aspects:

Part 1: Name, gender, ethnicity, ID number, address, ** on the ID cards of both divorced men and women.

Part 2: Description of the legality of divorce and the reasons for divorce.

Part 3: The important content of the agreement, indicating the intention of the man and the woman to divorce voluntarily.

1. How to write a clean home agreement to be valid.

To be valid, the agreement must contain the following clauses: 1. The gender, ethnicity, date of birth, ID number, and address of the man and woman; 2. Voluntary divorce between a man and a woman; 3. The woman leaves the house; 4. Child support, alimony and visitation rights; 5. Disposal of joint property of husband and wife; 6. One party conceals or transfers the responsibility of the joint property of the husband and wife; 7. Financial help and moral compensation; 8. Agreement on liability for breach of contract; 9. The agreement on the effective time of the agreement.

2. How to write a divorce agreement with no children and no property.

If the divorce agreement has no children and no property, it should be written as follows: 1. The personal information of both husband and wife, including name, gender, ID number and other information; 2. Expression of intent of both husband and wife to divorce voluntarily; 3. If both husband and wife have debts, they need to indicate the repayment of debts, and if there are remaining debts, they need to indicate who will repay the debts. In general, if the husband and wife have no children and no property, when signing the divorce agreement, there is no need to write about child support, and there is also the issue of property division, but only need to express their intention to divorce voluntarily and then deal with the debts.

3. How to write a divorce agreement when a man leaves the house.

If the man leaves the house, the divorce agreement can be written according to the following contents: 1. The man's personal information, including his name and ID number; 2. The woman's personal information, including name and ID number; 3. Expression of intent for divorce of both men and women; 4. If the child is a minor, an agreement shall be reached on the issue of raising the child; 5. If there are joint debts, a repayment agreement shall be reached; 6. The joint property of the husband and wife shall be owned by the woman, and the husband shall not divide the joint property.

Article 1076 of the Civil Code provides that if 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.