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In fact, you can write the divorce agreement by yourself, or you can hire a lawyer** to decide for yourself according to your actual situation. Therefore, it is not necessary to ask a lawyer to write a divorce agreement. In addition, writing a divorce agreement by yourself generally contains the following:
1. Make it clear that both parties agree to dissolve the marriage relationship. 2. Clarify the custody of children. 3. Clarify child support, according to the regulations, the party who does not live with the child shall pay child support to the party raising the child, mainly including payment standards, payment methods and other issues.
4. Clarify the right of visitation: The time, place, method, and period of visitation are stipulated in the divorce agreement, as well as the circumstances under which the right of visitation is suspended. 5. Clearly divide the joint property of husband and wife. Finally, in practice, if the divorce dispute is large and it is difficult for the parties to reach an agreement, in order to avoid unnecessary disputes in the future, it is recommended to find a professional lawyer to intervene if necessary.
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Not necessarily, if you both think you can write the divorce agreement clearly, you can write it yourself, so that you can make your divorce matters known to one less person and have more confidentiality. Of course, asking a lawyer to write a divorce agreement is mainly based on their professionalism, and the lawyer can write all the issues that you may need to consider when you divorce into the divorce agreement to avoid unnecessary disputes after the divorce.
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No, if you coordinate it yourself, just write a written document. You can also get the corresponding format text at the marriage registry office, and you can fill in the blanks directly.
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After marriage, if both men and women feel that it is not suitable, or if the relationship between them is broken down and they do not want to continue living together, then they can divorce by agreement. However, when both parties voluntarily divorce and sign a divorce agreement, they need to determine the division of property, child support and other matters, so some people are worried that it will affect their own interests, so they need to find a professional lawyer**. However, some people are worried about the trouble of finding a lawyer, so they are eager to try it themselves.
In fact, you can write a divorce agreement by yourself, and if you find it troublesome, you can also hire a lawyer**, and you can decide for yourself according to your actual situation. Therefore, it is not necessary to ask a lawyer to write a divorce agreement.
1. Make it clear that both parties agree to dissolve the marriage relationship.
2. Clarify the custody of children.
Specifically, child custody can be maintained by one party, by both parties, or separately for a period of time.
3. Clarify child support.
According to the regulations, the party who does not live with the child is required to pay maintenance to the parent raising the child, mainly including the payment standard, payment method and other issues.
4. Clarify visitation rights.
Stipulating in the divorce agreement the time, place, method, and period of visitation, as well as the circumstances under which visitation rights are suspended, can avoid unnecessary disputes after divorce and is conducive to the peace of life of the parent raising the children.
5. Clearly divide the joint property of husband and wife.
Specifically, the joint property of husband and wife includes both positive property such as movable property, immovable property and creditor's rights, as well as negative property such as debts, and the state taxes and administrative fines that the husband and wife should bear.
6. Clarify compensation and compensation.
7. Clarify the relief of difficulties.
Finally, in practice, if the divorce dispute is large, especially when it involves disputes over property division, child custody and child support, and it is difficult for the two parties to reach an agreement, in order to avoid unnecessary disputes in the future, such as one party not admitting the account, then it is recommended to find a professional lawyer to intervene if necessary.
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You can also write it yourself, but of course the lawyer should write it more professionally. But you don't have to find a lawyer to write it.
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You can write it yourself, and if you don't know how to write it, you can consult a lawyer.
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As long as the parties have reached an agreement on child support and property division issues, and the written materials are formed.
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You can write it yourself, but it is still recommended to ask a lawyer to write on your behalf, after all, the lawyer is more professional and can better prevent conflicts in the future.
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It's okay not to write, and after two years of leaving, you can leave yourself.
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Legal analysis: In fact, you can write the divorce agreement by yourself, or you can hire a lawyer** to decide for yourself according to your actual situation. Therefore, it is not necessary to ask a lawyer to write a divorce agreement.
3. Clarify child support, etc.
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 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.
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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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