What should I do if the other party does not perform the divorce agreement

It is possible to file a lawsuit in court. A divorce agreement is not a legal document enforceable by the court, but according to Article 8 of the Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China, the clauses on the division of property in the divorce agreement or the agreement reached by the parties on the division of property as a result of divorce are legally binding on both men and women. Where a dispute arises between the parties arising from the performance of the above-mentioned property division agreement, the people's court shall accept it.

Therefore, you have sufficient reasons to file a lawsuit with the people's court, solve the problem through litigation, and after the lawsuit, after obtaining the effective judgment of the court, you can apply to the court for compulsory enforcement with this judgment.

1. If the subject's divorce is handled by the civil affairs department, commonly known as voluntary divorce or divorce by agreement, then if the divorce agreement here is that the other party fails to perform as agreed, you can file a lawsuit with the people's court where the defendant is located, and the cause of action is a property dispute after the divorce, claiming that the other party performs the payment obligation according to the contract. After the judgment takes effect, if the other party still fails to perform its obligations, it may directly apply to the court for compulsory enforcement.

2. If the subject's divorce is divorced through the court and a civil mediation document is issued, then the other party can directly apply to the court for compulsory enforcement if the other party fails to perform its obligations after the civil mediation agreement takes effect.

A lawsuit may be filed in accordance with the agreement to require the other party to perform.

If the other party does not perform the terms of the divorce agreement, it may file a civil lawsuit with the people's court to require the other party to perform the content of the original agreement. After the people's court hears and adjudicates the excavation, the plaintiff may apply to the people's court for compulsory enforcement. The divorce agreement is not a legal document that can be enforced by the court, and the parties cannot apply to the court to enforce the judgment.

Legal analysis: The divorce agreement shall take effect after the registration of the divorce of the respondent bank, and the effective shall be binding on both parties, and if one party fails to perform, the other party may file a lawsuit with the court, and the court shall order one party to perform. It is sufficient to submit the complaint directly to the court.

Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China: Litigation must meet the following requirements: (1) the plaintiff is a citizen, legal person, or other organization with a direct interest in the case; (2) There is a clear defendant; (3) There are specific litigation claims, facts, and reasons; (4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

How to deal with one party's non-performance of the divorce agreement: Generally speaking, the other party can file a lawsuit with the court to demand performance, and it is enough to submit the complaint directly to the court. According to the relevant provisions, the provisions of the divorce agreement on the treatment 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.

Legal basis

Article 69 of the Supreme People's Court's Interpretation (1) on the Application of the Civil Code of the People's Republic of China on Marriage and Family.

The provisions on property and debt disposal in the divorce agreement signed by the parties in accordance with Article 1076 of the Civil Code 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 the 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 send a mountain to 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.

Legal Analysis: It is possible to sue the shirt liquid in court. A divorce agreement is not a legal instrument that can be enforced by a court.

Legal basis: Article 107 of the Civil Code of the People's Republic of China Article 16 Where the 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.

1. After the divorce by agreement, if one party fails to perform or improperly performs the property division obligations agreed in the divorce agreement, the other party may file a civil lawsuit with the court on the basis of the divorce agreement.

After a divorce by mutual agreement, if one party fails to perform or improperly performs the obligation to divide the property agreed in the divorce agreement, the other party may file a civil lawsuit with the court on the basis of the divorce agreement. Some people believe that since the divorce agreement is legally binding on both parties, when one party fails to perform its obligations as agreed, the other party can only apply directly to the court for enforcement, and there is no need to sue again. However, the fact that a divorce agreement is legally binding on the parties does not mean that it has the legal effect of course.

When a divorce is registered, the marriage registration authority only examines it on a formal basis. Until the court confirms its validity in accordance with the law, it cannot be considered to be legal and valid. So, in addition to court judgments, rulings, mediation.

Except for the property part of the award of the arbitration institution and the notarized creditor's rights document, etc., which can be enforced, other documents cannot be directly applied for enforcement before the validity of the competent department of Huaishan is confirmed in accordance with the law.

2. If the divorce agreement is made by the court and mediated, if one party fails to perform it, the other party can directly apply to the court for enforcement.

1. Can the divorce agreement signed at the time of divorce be reversed?

If a man and a woman divorce by mutual agreement and reach an agreement on the division of property, they may renege on it within one year after the divorce, and may request that the agreement be modified or revoked, and if there is indeed a statutory situation in which the agreement is invalid, the agreement shall be invalid; If it does not exist, the party's claim will be dismissed by the court. However, if the division of property by mutual divorce is completed for more than one year, the people's court will no longer accept it.

Where the joint property of the husband and wife is omitted at the time of divorce and has not been divided, the parties shall file a lawsuit with the people's court requesting that the joint property of the husband and wife be divided again, and the statute of limitations shall be three years, calculated from the date of discovery by the parties. If the two parties do not reach an agreement on the handling of the property at the time of divorce, the court will not deal with it until the real estate certificate is obtained after the divorce, and either party can sue for the division of property after the divorce. If for some reason the parties do not dispose of the property at the time of divorce, then either party can also file for another division at any time after the divorce.