How to write the content of the divorce agreement, how to write the content of the divorce agreement

The divorce agreement should clearly state the identity information of both parties, and clearly stipulate the support of children and the division of property. The divorce agreement is an agreement that both parties need to submit and file with the Civil Affairs Bureau when they go to the Civil Affairs Bureau to obtain the divorce certificate, and this agreement is generally in triplicate, with one copy for each man and woman, and one copy for the record retained by the Civil Affairs Bureau. The divorce agreement must clearly record or stipulate the identity information of both parties, property situation (the location of the house, the specific amount of property, the specific distribution method of property), the ownership of child custody, the payment of child support, the current status of claims and debts, and the subject of claims and debts. In addition, the husband and wife may also agree on compensation or the terms of compensation, as long as the parties agree on it and do not violate the mandatory provisions of the law.

In addition, it is recommended to indicate in the divorce agreement as much as possible that the debt that both parties know is xx million yuan, and if there is a debt that exceeds this amount, then the party who incurs the debt shall bear the repayment obligation. However, the provisions in the divorce agreement can only bind the husband and wife, and cannot be used against a bona fide third party. Legal basis:

Article 40 of the Marriage Law of the People's Republic of China Where a husband and wife agree in writing that the property acquired during the existence of the marital relationship shall belong to each other, and one party has paid more obligations for raising children, taking care of the elderly, assisting the other party in work, etc., he or she has the right to request compensation from the other party at the time of divorce, and the other party shall make compensation. Article 41 of the "Marriage Law of the People's Republic of China" provides that in the event of a divorce, the debts originally incurred by the husband and wife while living together shall be repaid jointly. If the joint property is insufficient to be repaid, or the property is owned by each other, it shall be repaid by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment.

Article 42 of the Marriage Law of the People's Republic of China In the event of a divorce, if one party is in difficulty, the other party shall give appropriate assistance from his or her personal property such as housing. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

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.

In the process of divorce, the divorce agreement is a crucial part, which is related to the division of property and child support, and must be cautious. An effective divorce agreement must state the basic information of both parties, the date on which the marriage was registered, the authority that handled the registration of the marriage, and the reasons for the divorce, and stipulate the voluntary dissolution of the marriage, the division of property, the burden of debts, and the support of children. It is important to note that:

1. If the divorce agreement is not registered with the marriage registration authority, it may be reversed if it does not take effect. 2. Once the divorce agreement is filed and registered with the Civil Affairs Bureau, it will have legal effect and be binding on both parties. 3. If it can be proved that one party has committed fraud or coercion in the process of signing the divorce agreement, he or she may file a lawsuit with the people's court within one year after the divorce to modify or revoke the property division agreement.

4. The divorce agreement filed with the Civil Affairs Bureau is not enforceable, and if one party is unwilling to perform the content of the agreement, the other party can only file a lawsuit with the court to demand performance in accordance with the agreement.

Hello. In a divorce by mutual agreement, the divorce agreement has a very important position. This is because, for divorce by mutual agreement, "mutual consent" is the basic condition, and "the children and property issues have been properly handled" is a necessary condition.

When dealing with divorce matters, the parties often have limited knowledge of the law, do not know what rights they have in the law, and do not know how to protect themselves well. Therefore, in order to better protect one's legitimate rights and interests, and to avoid regret or recurrence of disputes after divorce, it is recommended to consult a lawyer before reaching a divorce agreement, or ask a lawyer to negotiate with the other party on behalf of oneself, that is, to negotiate divorce, and reach a divorce agreement with the help of a lawyer.

If you are drafting a divorce agreement on your own, you need to pay attention to the following aspects:

1.The identity information of both husband and wife is accurate and complete;

2.Clarify the intention of both parties to divorce voluntarily;

3.The parties shall clearly agree on issues such as property, debts, and child support, and the time, place, amount, and liability for breach of contract shall be quantified, and relevant lists may be attached.

4.If there are special circumstances such as household registration transfer and divorce compensation, it should also be clearly agreed;

5.The divorce agreement must be signed by the marriage registration office at the time of divorce formalities.

Legal basis: General Provisions of the Civil Law

Article 5: Civil entities engaging in civil activities shall follow the principle of voluntariness and establish, modify, or terminate civil legal relationships in accordance with their own wishes.

Article 143:Civil juristic acts that meet the following requirements are valid:

1) The perpetrator has the corresponding capacity for civil conduct;

2) The meaning is genuine;

3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

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.

The main contents of the sample divorce agreement are: mainly according to their actual situation, they should jointly negotiate and reach an agreement before signing it.

1. An expression of intent by both parties to dissolve the marriage;

2. The ownership of child custody, the amount of child support and the method of delivery;

3. Division of common property;

4. The enjoyment and assumption of joint creditor's rights and debts;

5. The manner in which the visitation rights of the parent who does not live with the children are exercised and the obligation of the other party to assist;

6. Other matters that need to be clarified in the agreement.

In a divorce by agreement, the divorce agreement is an indispensable document, if there is no divorce agreement, the civil affairs department will not accept the divorce application, a relatively complete divorce agreement mainly includes the following major aspects: the basic information of both parties, marital status, reasons for divorce, property division, custody and visitation, child support.

In addition, the civil affairs department will not accept the divorce registration of persons who lack civil capacity, persons with limited civil capacity, and parties whose marriage registration is not handled in China.

If both men and women want to resume their marriage, they should go to the marriage registration office to register their remarriage, and the relevant provisions of remarriage registration are basically the same as marriage registration.

Marriage Registration Ordinance

Article 12: In any of the following circumstances, the marriage registration authorities shall not accept the divorce registration of the parties to the divorce registration:

1) Failure to reach a divorce agreement;

2) They are persons with no or limited capacity for civil conduct;

3) The marriage registration was not done in Chinese mainland.

Article 13: Marriage registration organs shall review the documents and supporting materials issued by the parties to the divorce registration and inquire about the relevant circumstances. Where the parties are truly voluntarily divorced and have reached a consensus on issues such as child support, property, and debts, they shall be registered on the spot and a divorce certificate shall be issued.

Article 14: Where a divorced man and woman voluntarily resume their relationship as husband and wife, they shall go to the marriage registration authority to register their remarriage. The provisions of these Regulations on marriage registration shall apply to the registration of remarriages.

Civil Code of the People's Republic of China

Article 1076: [Divorce by Mutual Consent]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 office.

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 1077: [Cooling-off Period for Divorce]Within 30 days from the date on which the marriage registration authority receives the application for divorce registration, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage registration authority.

Within 30 days after the expiration of the period provided for in the preceding paragraph, both parties shall apply in person to the marriage registration authority for the issuance of a divorce certificate; If the application is not made, it shall be deemed that the application for divorce registration has been withdrawn.

Article 1078: [Divorce Registration] Where the marriage registration authorities ascertain that the parties have indeed divorced voluntarily and have reached a consensus through consultation on matters such as child support, property, and debt handling, they are to register and issue a divorce certificate.

The divorce agreement should include seven elements. The details are as follows:

1. Identity information of both parties. e.g. name, address, ID number, etc.; Hitchhiker.

2. It is an indication that the registration of divorce is an indication that both parties guess the true intention of the person;

3. There is an agreement on the custody, alimony and visitation rights of the children;

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 of both parties;

7. The date on which the divorce agreement was signed.

The content of the divorce agreement must not violate national laws and regulations, must not infringe upon the lawful rights and interests of a third party, and must not deprive or restrict the lawful rights of one party. The divorce agreement should be written by the husband and wife in accordance with the relevant writing specifications, and the marriage registration authority of the Civil Affairs Bureau will review the agreement and meet the requirements of the regulations and laws before it has formal legal effect.

1. Is the private agreement between husband and wife valid in the event of divorce?

A voluntary divorce agreement that satisfies the conditions of a divorce agreement is valid, and the requirements for a divorce agreement are:

1) The content of the divorce agreement is standardized.

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) The formal requirements of the divorce agreement.

1. Use A4 paper, blue and black ink pen or black 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.

3) The legality and validity of the divorce and rental agreement.

1. The content of the agreement shall not violate national laws and regulations;

3. The content of the agreement shall not deprive or restrict the legitimate rights of one party.