Is the divorce agreement not protected by the law, is the divorce agreement protected by the law

The divorce agreement is legally binding. He said he would give you all the house, do you have any witnesses? If not, you have no evidence. He wants to apply for property redistribution, yes.

Legal analysis: The divorce agreement can only have legal effect after the divorce is handled by the Civil Affairs Bureau or after the court has made a judgment, otherwise it has no legal effect. Where there is legal force, there is legal protection, and what does not have legal effect there is no protection.

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' intention to divorce voluntarily and the consensus on matters such as child support, property, and the handling of errands' debts.

Article 1077: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 registration of divorce 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certificate; If the application is not made, it shall be deemed that the application for divorce registration has been withdrawn.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:Where the marriage registration authorities ascertain that the parties have indeed divorced voluntarily and have reached a consensus on matters such as child support, property, and debt disposition, they shall register and issue a divorce certificate.

Divorce is usually signed by couples to sign a divorce agreement, which can avoid some quarrels. A complete divorce agreement should clearly state issues related to property, children, creditor's rights and debts, and the content should not be violatedLaws and Regulations。As long as the divorce agreement is filed with the Civil Affairs Bureau or the court judgment is valid, it will have legal effect and will naturally be protected by law.

Legal basis

Article 11 of the Marriage Registration Regulations stipulates that a Mainland resident who has registered for divorce shall present the following documents and supporting materials: (1) his/her household registration booklet and identity card; (2) The person's marriage certificate; (3) A divorce agreement signed by both parties.

Legal analysis: The divorce agreement is protected by law, but the divorce agreement must be established in accordance with the law on the premise that both parties express their intentions and have signed them. After its establishment, it is legally binding on both parties and is protected by law.

Legal basis: Article 1076 of the Civil Code of the People's Republic of China Where both husband and wife divorce voluntarily, they shall sign a divorce agreement and apply for divorce registration in person at the marriage registration authority. Hold lead.

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.

Divorce by mutual agreement is protected by the laws of our country. Divorce by mutual agreement, also known as two-wish divorce or registered divorce, is called voluntary divorce between the two parties in China's Civil Code, which refers to the divorce method in which the marriage relationship is dissolved due to the agreement of both parties.

Divorce by mutual agreement has the following characteristics compared to litigation divorce:

1. The procedure is simple and convenient;

2. The divorce agreement is easy for the parties to abide by and perform on their own;

3. Litigation is avoided and the hatred and hostility of the parties to the marriage are alleviated.

Is the agreement protected by law?

The agreement is protected by law and has legal effect.

1. As long as the content of the agreement is not prohibited by law, and it is reached under the fair and voluntary circumstances of both parties, it has legal effect.

2. If the content of the agreement involves some provisions prohibited by law, the legal effect of the agreement cannot be completely negated, but the provisions that prohibit the law will be invalid.

3. The agreement reached by oneself can be reversed, but it will be used as a reference in the lawsuit. Agreements reached under the auspices of administrative organs, judicial organs, notary offices, etc., are fully valid.

Article 143 of the Civil Code of the People's Republic of China provides that civil juristic acts that meet the following conditions 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.

Article 470: The content of the contract shall be agreed upon by the parties and shall generally include the following clauses:

1) The names and addresses of the parties;

b) the subject matter; iii) quantity;

iv) Quality; 5) Price or remuneration;

6) the period, place and method of performance;

7) Liability for breach of contract;

8) Methods of Dispute Resolution.

The parties may conclude a contract with reference to the model texts of various types of contracts.

Is the breakup agreement protected by law?

The content of the breakup agreement regarding personal relationships is not legally binding on the parties. As long as it is the true expression of the intention of both parties, and the agreement does not violate public order and good customs, and does not violate the prohibitions of the law, then this part of the agreement has legal effect and is protected by law.

Legal basis

Divorce by mutual agreement is protected by the laws of our country. Divorce by agreement, also known as two-wish divorce or registered divorce, is called voluntary divorce between the two parties in China's Civil Code, which refers to the divorce party that the marriage relationship is dissolved due to the agreement of both parties. Divorce by mutual agreement has the following characteristics compared to litigation divorce:

1. The procedure is simple and convenient; 2. The divorce agreement is easy for the parties to consciously abide by and perform; 3. Litigation is avoided and the hatred and hostility of the parties to the marriage are alleviated.

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' willingness to divorce and their consensus on matters such as child support, property, and debt handling.

Divorce settlements are protected by law. If the husband and wife choose to go to the marriage registration authority to register the divorce, the divorce agreement shall take effect immediately after the parties receive the divorce certificate, and shall be legally binding on both parties, and after the registration of the divorce, if a dispute arises between the two parties due to the performance of the above agreement, they may file a lawsuit with the people's court, and the people's court shall accept it. Therefore, after the divorce agreement takes legal effect, it shall be protected by law, and if the parties have a dispute over the divorce agreement, they may seek the help of the people's court.

Legal basisInterpretation of the Supreme People's Court on the Application of the "Civil Code of the People's Republic of China" on the Marriage and Marriage of the Family (1) Article 69: Where the parties reach an agreement on the disposition of property and debts that is conditional on divorce by agreement or mediation in the people's court, if the divorce between the parties is not successful, and one party repents in the divorce proceedings, the people's court shall find that the property and debt disposition agreement 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.