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Marriage in China is administrative, that is, the establishment and dissolution of the relationship between husband and wife must be subject to administrative registration.
The divorce agreement is a prerequisite for divorce registration, and both parties shall hold one copy and the marriage registration authority shall file one copy. The content of the agreement is mainly: child guardianship, child support, property division, debt bearing, economic compensation, etc., as long as both parties sign the agreement out of their true intentions, the agreement is legally effective and can be used in law, such as:
Liability for breach of contract when the party agreeing to pay severance fails to pay it on time.
After the agreement is signed by both parties, but the final divorce is through litigation, the content of the agreement signed between them cannot be used as evidence.
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Is there a signature on the agreement? If you sign it, will it be fair? If there is no justice, it is a moral constraint, and if it is just, it will have legal benefits.
Basically, according to the fact that some people who sign a divorce agreement before marriage are making an analogy: the man (woman) himself has money and power, and the other half is only married for the purpose of money and power, and he can bind the other party through the agreement. The main point is, as you said, whether the agreement written by the man himself and the woman agree on the content of the agreement, and whether the woman herself signed it voluntarily?
Signed to be fair? Just figure this out and you'll be fine.
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Summary. The agreement written privately before the divorce is valid. However, it is also necessary to meet the conditions that both parties have registered their marriage, their intentions are genuine, they do not violate the law, and both parties have received divorce certificates.
The agreement written privately before the divorce is valid. However, it is also necessary to meet the conditions that the double radical party has registered to get married, the intention is clear, the law is not violated, and both parties have received a divorce certificate.
An agreement written privately before the divorce is valid if it meets the following conditions: (1) the actor has the corresponding civil capacity. (2) Intentionally touching the cheats and thinking about the truth.
3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs. The agreement shall be invalid under any of the following circumstances: (1) one party concludes the contract by means of fraud or coercion, harming the interests of the state.
2) Malicious collusion to harm the interests of the state, collectives, or third parties. (3) Covering up the purpose of illegal worship in a lawful form. (4) Harming the public interest.
5) Violating mandatory provisions of laws and administrative regulations.
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The divorce agreement signed before the divorce is a voluntary and equal representation of the intention of both parties to divorce and the handling of child support, property and debts, etc., and after the cooling-off period, the divorce certificate issued by the Civil Affairs Bureau is valid.
[The law has no basis for the law].
Article 1076 of the Civil Code of the People's Republic of China.
Where both husband and wife voluntarily leave the marriage and enter into a higher marriage, 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.
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.
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Conditions for the writing of a pre-divorce agreement to have legal effect:
1. Personal information of both men and women, including name, gender, ethnicity and ID number;
2. The divorce of both men and women is voluntary, without any fraud and coercion;
3. If the child cannot live independently, both parties must make arrangements for the child's upbringing
1) Include custody issues and the amount of alimony;
Zaoyuan 2) If you have no children, you must also write that you have no children in the divorce agreement;
3) The divorce agreement takes effect from the time of divorce and is binding on both parties, and should be signed carefully to avoid post-marital disputes. 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.
4. If the joint debts of the husband and wife cannot be fully repaid, the two parties shall reach a repayment agreement to determine the amount to be repaid;
5. The double-cover party shall divide the common property.
Legal basisArticle 1067 of the Civil Code of the People's Republic of China.
If the parents do not fulfill the obligation to support them, the minor children or adult children who are unable to live independently have the right to demand that the parents pay child support.
Parents who fail to fulfill their obligation to support their adult children, or who lack the ability to work or who have difficulties in living, have the right to demand maintenance from their adult children.
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