What to do if one party repents on the divorce agreement, and what to do if one party repents after

After the divorce agreement is signed, if one party repents and refuses to continue to register the divorce, it is recommended to file a lawsuit directly with the people's court. Because the parties have only privately signed a written divorce agreement and have not yet registered the divorce with the civil affairs department, the husband and wife still have a legal and valid marital relationship. If one party reneges at this time, the civil affairs department will not recognize the validity of the divorce by agreement.

Because the divorce by mutual agreement must be a voluntary divorce between the husband and wife, and apply for divorce registration in person at the marriage registration office. Therefore, after the divorce agreement is signed, if one party repents, he can only file a divorce lawsuit with the people's court and dissolve the marriage relationship through litigation procedures.

Marriage Law of the People's Republic of China

Article 31: [Voluntary Divorce] Where both men and women divorce voluntarily, divorce is granted. Both parties must apply for divorce at the marriage registration office. A divorce certificate is issued when the marriage registration authority ascertains that the parties are indeed willing and that the issues of children and property have been properly addressed.

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 1077:Within 30 days of 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certificate; If the application is not made, it shall be deemed that the application for divorce registration has been withdrawn.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: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.

After the divorce is registered, the parties have no objection to the dissolution of the marriage itself, but they repented on the issue of property division and requested that the agreement on property division be changed or revoked. In this regard, the parties may file a lawsuit with the people's court, and the court shall accept it. Legal basis:

Civil Code of the People's Republic of China Article 1092 Where one of the husband and wife conceals, transfers, sells, destroys, or squanders the joint property of the husband and wife, or falsifies the joint debts of the husband and wife in an attempt to encroach on the property of the other party, when the joint property of the husband and wife is divided in divorce, the other party may receive a small or no share. After the divorce, if the other party discovers that he or she has committed any of the above-mentioned acts, he or she may file a lawsuit with the people's court to request that the joint property of the husband and wife be divided again.

Legal Analysis: A party to a divorce by mutual agreement can apply to the court for litigation if he or she repents. The agreement on the division of property voluntarily signed by both parties at the time of divorce is binding on both parties.

However, under certain conditions, it can be reclassified through litigation. Where both parties have objections to the division of property within one year after the divorce, the people's court shall accept the request to modify or dissolve the property division agreement.

Legal basis: Article 70 of the 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.

Where after the husband and wife agree to divorce on the issue of property division, they repent, and request that the property division agreement be revoked, the people's court shall accept it. If, after trial, the people's court does not discover that there was fraud or coercion in the conclusion of the property division agreement, it shall reject the litigation claim of the person who is the party in accordance with law.

A party's repudiation after a divorce settlement can be resolved by law. 1. If there is no change in the original conditions, the agreement will take legal effect once signed, and its terms will be protected by law at the same time, and both parties shall consciously abide by them. 2. If it is found that the other party has transferred property or concealed property, the agreement shall be deemed invalid.

It is possible to request a re-division of the property and a re-signing of the agreement. 3. If there is a change in the child's guardianship and guardianship qualifications, a renegotiation can also be requested, based on the child's growth conditions. If the request for modification of the above-mentioned agreement is not approved by the other party, it may be tried by the people's court in accordance with the relevant laws through litigation.

Summary. If you regret and want to remarry after a divorce by mutual agreement, you can remarry only with the consent of the other party. If you regret the division of property after the divorce by mutual agreement, you can go to the court to sue for the revocation of the divorce agreement, and the court will accept it.

However, if the court does not find that there was fraud or coercion in the conclusion of the property division agreement, it will reject the litigation claims of the parties in accordance with the law.

If you regret and want to remarry after divorce by agreement, you can only remarry with the consent of the other party. If you regret the division of property after the divorce by agreement, you can go to the court to sue for the revocation of the divorce agreement, and the court will accept it. However, if the court does not find that there was fraud or coercion in the conclusion of the property division agreement, it will reject the litigation claims of the parties in accordance with the law.

Can you tell us more about that?

Article 70 of the Supreme People's Court's Interpretation (1) on the Application of the Marriage and Family Section: Where a husband and wife agree to divorce and repent on the issue of property division and request the revocation of 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, coercion, or other circumstances in the conclusion of the property division agreement, it shall reject the parties' litigation claims in accordance with law. Declaration:

1. If the divorce decision is reversed, the marriage relationship shall be formally dissolved if the man and woman divorce voluntarily and the property of the children has been properly handled, the divorce has been registered at the marriage registration office, and the marriage relationship has been formally dissolved if the divorce certificate has been obtained. Where one party repents and initiates a lawsuit in the people's court, the people's court will not accept it. Of course, if both parties wish, they can go through the formalities of remarriage.

2. If you regret the divorce agreement due to the division of property, you can sue the court If you regret the property division after the divorce by agreement, you can file a lawsuit with the court within 1 year after the divorce by agreement to change or revoke the property division agreement. However, only if there is fraud, coercion, etc. at the time of the conclusion of the Divorce Agreement, the court will make a judgment to modify or revoke the original property division agreement in accordance with the law, otherwise it will make a judgment to reject the claim and not support the plaintiff's claim. 3. If you regret the matters not agreed in the "Divorce Agreement", you can file a lawsuit with the court If you have the visitation time, the child's surname, etc., you can file a lawsuit with the court and submit your own litigation request, and the people's court will make a judgment in accordance with the law.

4. If one party discovers that the other party has hidden, transferred, sold, or damaged the joint property of the husband and wife, or forged debts, and attempted to encroach on the property of the other party, he or she may file a lawsuit with the people's court to request the division of the joint property of the husband and wife. The power to prosecute can only be exercised within 2 years from the date of discovery of such acts. The divorce agreement signed by the husband and wife will include many contents, the main ones are the expression of intention of the parties to divorce voluntarily, the division of joint property, and the maintenance of minor children.

However, if you regret the division of property or child support, you can file a lawsuit in court.