Can the divorce agreement be reversed, and can the divorce agreement be reversed?

A divorce agreement can repudiate the division of property.

Article 14 of the Interpretation (III) of the Marriage Law stipulates that if the parties reach a property division agreement conditional on the registration of divorce or divorce by agreement with the people's court, if the divorce is not reached by mutual agreement and one party repents in the divorce proceedings, the people's court shall determine that the property division agreement has not taken effect and divide the joint property of the husband and wife according to the actual situation in accordance with the law.

Legal analysis: Because the divorce agreement is the result of the consensus of both parties on the premise of equality and voluntariness. For any party, it is a kind of free disposition of their own property rights, which is legally binding on both parties.

Once a divorce agreement has been signed, neither party can easily renege on it. 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.

Therefore, the parties must be cautious about the division of property in a divorce by agreement, and it is difficult to get support in judicial practice if they repent on the grounds of obvious unfairness once the divorce is 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' 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 gambling, drug abuse, or other vices that have been repeatedly taught; (4) They have been 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 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 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.

In the following circumstances, you can regret it after signing the divorce agreement: 1. The husband and wife signed the divorce agreement, but did not go through the divorce registration. 2. The husband and wife signed a divorce agreement, and one party filed a divorce lawsuit.

3. The property balance and division part of the divorce agreement may be changed or revoked by the court within one year after the divorce is registered.

Legal basis

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' intention to divorce voluntarily and the consensus on matters such as child support, property, and debt disposal.

Legal Analysis: A divorce agreement can be reversed.

Legal basis: Interpretation (1) of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family

Article 69: Where the parties reach an agreement on the disposition of property and debts that is conditional on divorce by mutual agreement or mediation of divorce in the people's court, if the divorce is not completed between the parties and one party repents in the divorce proceedings, the people's court shall find that the agreement on the disposition of property and debts has not taken effect, and make a judgment in accordance with the provisions of articles 1087 and 1089 of the Civil Code based on the actual circumstances. The provisions of the divorce agreement signed by the parties in accordance with Article 1076 of the Civil Code concerning the disposal of property and debts are legally binding on both men and women. Where after the registration of the divorce, the parties initiate a lawsuit due to a dispute arising from the performance of the above-mentioned agreement, the people's court shall accept it.

Article 70: Where a husband and wife repent on the issue of property division after they agree to divorce and request that the property division agreement be revoked, the people's court shall accept it. Where, after trial, the people's court does not discover that there were circumstances such as fraud or coercion at the time of entering into the property division agreement, it shall reject the parties' litigation claims in accordance with law.

Whether the divorce agreement can be reversed before it is signed, first of all, it is necessary to clarify when the divorce agreement will take effect. A divorce agreement is different from a regular contract in that it does not come into effect after both parties sign it. Instead, you need to go to the Husen Marriage Registration Office of the Civil Affairs Bureau to register the divorce before it can take effect.

Therefore, if the parties have not registered their divorce, the divorce agreement signed between the parties can be reversed. If the divorce has been registered, the divorce agreement shall not be reversed except for statutory reasons. Unless it can be proved that there were special circumstances such as fraud and coercion in the process of concluding the divorce agreement.

The party who has been defrauded or coerced can get divorced by mutual agreement within one year. Filing a lawsuit with the people's court on the issue of property division and requesting that the property division agreement be modified or revoked. Therefore, it is recommended that before signing a divorce agreement, it is necessary to read the terms of the divorce, especially when it comes to property division, child support and other issues.

The divorce agreement reached by both parties does not take effect until the divorce registration is completed, and may be reversed or directly stated as invalid.

If the two of you have signed the divorce agreement, then the brother cannot be reversed, because this is a sock attack protected by the law, so the divorce agreement is also equivalent to the contract between the two people cannot be reversed unless the other party agrees.

Of course, it can be reversed. It just depends on what program has actually come to it. If the draft bend does not handle the divorce agreement, the person who regrets it does not agree, and it is not executed.

If the divorce procedures have been completed, it will be more troublesome, and the unilateral reversal will no longer have the support of the law. I can only negotiate with the other party further.

The divorce agreement cannot be reversed, and unilateral repudiation is invalid. The divorce agreement takes effect after the marriage registration office has registered the divorce and issued a divorce certificate. After the divorce agreement is in effect, neither party can renege unless the parties agree.

Of course, this is not allowed, as long as you sign the agreement and register the divorce with the Civil Affairs Bureau, then this cannot be reversed.

A marriage agreement is an agreement signed by the husband and wife after reaching an agreement on issues such as child support, property division, and debt disposal. Once a divorce agreement is signed, there is generally no remorse for remorse.

There's no way to regret this, because if you play black all your life, that person will definitely take that out of the table.

Yes, as long as you don't have a formal divorce, you can regret it, if you feel it is necessary.

Can a divorce agreement be reversed? If the agreement has been signed, it will take effect, but if it is obviously unfair, it can be reversed if there is a legal basis.

Divorce Settlement. Consideration is not so appropriate can be reversed, set in negotiation.

If the content of the divorce agreement is obviously unfair, it can be reversed, and if one party does not agree, the other party can go to the court to file a lawsuit and ask the court for a judgment.

Is the divorce agreement irreversible? It is protected by law, and if both parties want to remarry, they can go to the local civil affairs bureau to go through the remarriage procedures.

Once signed, you can't go back. You can only fight lawsuits.

Since it is a divorce agreement, you can negotiate with the other party to settle it, that is, you can revoke the original agreement, or you can modify the original agreement through negotiation.

If the divorce agreement is only signed privately by oneself and does not have legal effect, it can be reversed.

If the divorce agreement is signed at the Civil Affairs Bureau and the divorce certificate is obtained, in this case, the divorce agreement has already taken effect, and in principle, it cannot be reversed, unless there is evidence to prove that there was fraud or coercion on the part of the other party at the time of signing the divorce agreement, then the division of property can be reversed, and a lawsuit can be filed with the court to request a re-division of the property.

Therefore, when divorcing, whether it is a divorce agreement or other written materials, you should be cautious when signing.

Li Xiaojuan, a marriage lawyer, is a professional divorce lawyer in Hangzhou, who only handles marriage cases.

Specialty: Divorce, custody, property division, separation of property, agreement drafting.