Divorce Indemnity Agreement 02 Whether it is valid

If the parties reach a divorce agreement and register the divorce with the Civil Affairs Bureau on this basis, the divorce agreement is legal and valid, and the agreement on compensation should receive legal protection.

If the parties have only reached a divorce agreement but have not registered the divorce, the agreement is invalid and the law will not protect it.

Legal link: Article 8 of the Supreme People's Court's Interpretation (II) on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China Article 8 The clause 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 the divorce shall be legally binding on both the man and the woman.

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.

Article 9 of the Supreme People's Court's Interpretation (II) on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China: Where a man and a woman repent on the issue of property division within one year after they divorce by mutual agreement, and request to modify or revoke 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 or coercion at the time of entering into the property division agreement, it shall reject the parties' litigation claims in accordance with law.

Article 27 of the Supreme People's Court's Interpretation (II) on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China Article 27 Where a party submits a request for damages to the people's court on the grounds provided for in Article 46 of the Marriage Law after the marriage registration authorities have gone through the formalities for divorce registration, the people's court shall accept it. However, if the parties have expressly waived the request at the time of divorce by mutual agreement, or if the request is submitted one year after the divorce registration formalities have been completed, it will not be supported.

Article 14 of the Supreme People's Court's Interpretation (III) on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China: If the parties reach an agreement on the division of property conditional on the registration of divorce or divorce by agreement in the people's court, if the divorce is not reached by mutual agreement between the two parties, and one party repents in the divorce proceedings, the people's court shall find that the property division agreement has not taken effect, and divide the joint property of the husband and wife in accordance with the law according to the actual circumstances.

In the absence of a supplementary compensation agreement approved by the Ministry of Civil Affairs, the law provides that it is valid for two years.

If the compensation agreement has been approved by the civil affairs department, it has legal effect.

Legal analysis: As long as the compensation clause in the divorce agreement is the true expression of the intention of both parties to the divorce agreement, and the content does not violate laws and regulations and public order and good customs, the compensation clause is valid.

Legal basis: Article 140 of the Civil Code of the People's Republic of China A contract is invalid under any of the following circumstances:

1) One party concludes a contract by means of fraud or coercion, harming the interests of the state;

2) Malicious collusion, harming the interests of the state, the collective, or a third party;

3) Concealing illegal purposes in a lawful form;

4) Harming the public interest;

5) Violating mandatory provisions of laws and administrative regulations.

The compensation clause in the divorce settlement is valid. However, the following conditions must be met:

1. The content does not violate the law;

2. The meaning is true;

3. Both the man and the woman have received the divorce certificate;

4. Other conditions.

1. Whether the off-plan transfer agreement is valid.

The off-plan transfer agreement is valid when the following conditions are met: 1. The pre-sale contract has taken effect and has been filed and registered; 2. The parties have full capacity for civil conduct; 3. The expression of intent is true; 4. The content of the agreement does not violate laws and regulations and public order and good customs. According to Article 144 of the Civil Code implemented in 2021, civil juristic acts carried out by persons without civil capacity are invalid.

Article 146 stipulates that civil juristic acts carried out by the actor and the counterpart with false expressions of intent are invalid. The effectiveness of civil juristic acts concealed by false expressions of intent is to be handled in accordance with the relevant legal provisions.

2. Is a self-written will unfair and valid?

The notarization of the self-written will does not affect the validity, and the self-written will will will take effect if it meets the following legal conditions:

1. When making a self-written will, the testator has full civil capacity;

2. The meaning is true;

3. The will does not violate the mandatory provisions of laws and administrative regulations;

4. The self-written will shall be written and signed by the testator, indicating the year, month and day;

5. Other conditions for a valid will.

3. Is the will made by oneself valid?

A self-made will is generally valid. However, the following 4 conditions need to be met: 1. The testator needs to have full civil capacity and must be the owner of the estate; 2. The self-written will needs to be written and signed by the testator, indicating the year, month and day; 3. The will made by oneself should express the true expression of intention; 4. Self-written wills must not violate the mandatory provisions of laws and administrative regulations, public order and good customs.

Article 1076 of the Civil Code of the People's Republic of China.

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' intention to divorce voluntarily and the consensus on matters such as child support, property, and debt disposition.

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.

Article 1078.

If the marriage registration authority ascertains 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.

Whether the prenuptial agreement you signed is valid depends on whether it violates the current laws of our country.

If there is no obvious fault on the part of both parties, then whoever files for divorce first, the other party should get a little more marital property, it is feasible, and the court will support it. This additional compensation should be paid out of the property of the party who filed for divorce first.

If the spouse who later filed for divorce is at fault, not only will he not be compensated, but he or she may also receive less of the marital property. The specific outcome depends on the outcome of the agreement between the two parties, and if the agreement is not reached, the court will order the at-fault party to divide the joint property less.

You can try your best to collect as much evidence of the man's fault as possible in relation to the events listed above, including human witnesses, physical evidence, audio and video recordings, testimony, etc. In case of court**.

Women are often at a disadvantage in family relationships and suffer more. Marriage is a major event in life, and it should not be regarded as child's play, nor should it be reckless, rash, or impulsive, otherwise it should pay a heavy price. What did you do before the registration of the marriage?

Or a flash marriage? Or is it the man's excuse? Women, don't sell yourself cheaply.

It is advisable to find a lawyer, talk to him, and then proceed next!

It takes courage to be a man, and it also needs the courage to be a correct man!

It is advisable to find a local lawyer to see if the agreed compensation can be determined as compensation for moral damages.

Hello. The Supreme People's Court's Reply of April 2, 1992 on Whether a Husband Can Claim Child Support from the Woman After Divorce If the Husband Raised a Non-Biological Child by Deception During the Existence of the Husband and Wife, it is clearly stipulated: "During the existence of the relationship between husband and wife, if one party commits adultery with another person and gives birth to a child like a daughter, concealing the true feelings, and the other party is deceived into raising a non-biological child, the child support paid after the divorce may be returned as appropriate; As to whether the upbringing expenses incurred by the deceived party during the existence of the marital relationship should be refunded, further research is needed because of the complexity of the issues involved.

However, after the divorce, if the husband and wife share all the joint property, the maintenance paid by the deceived party during the existence of the marital relationship will not be refunded. "Kei Hongno.