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Hello! First of all, to make it clear, the legal concept of an agreement is the same as that of a contract.
1. According to the relevant provisions of the Contract Law of the People's Republic of China, a contract is an agreement between natural persons, legal persons, and other organizations that are equal subjects to establish, modify, or terminate civil rights and obligations. Clause.
2. As long as your husband and wife abide by the relevant principles of equality, voluntariness and good faith when signing the above-mentioned agreement, as long as the signed agreement does not violate the mandatory provisions of the relevant laws of our country, and at the same time, does not harm the legitimate rights and interests of the state, the collective and others. If there is no coercion, fraud, inducement, etc., the agreement signed by the two parties is protected by law. Clause.
3. Whether the agreement signed between your husband and wife is realized, and whether your wife has the relevant ability to bear it, it does not affect the legal effect of this agreement. Clause.
4. On the issue of whether it is obviously unfair, according to the relevant laws and regulations, combined with my personal understanding, the subject of the right to be obviously unfair is the other party who signed the agreement, and no other person has the right to raise it, let alone the court to take the initiative to raise it. Clause.
5. As long as there are no such circumstances, your wife must fulfill her obligations in accordance with the above agreement. Hope mine is helpful to you......
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Divorce by agreement, where there is no dispute over the division of property, is equivalent to the agreement being valid.
In the event of a dispute, the agreement, even if invalid, can be used as evidence of the other party's fault, thereby claiming damages or a small share of the property.
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Your agreement is invalid, because the marriage relationship is a status relationship, and the court determines whether to decide whether to divorce based on whether the relationship between the husband and wife has broken down when the divorce is broken, and the property can be negotiated, and if the negotiation fails, the judgment will be made after ascertaining, and if the other party belongs to the situation of cohabitation with another spouse, etc., you can claim damages.
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1. For divorce by agreement, the content of the divorce agreement filed with the Civil Affairs Bureau shall be the basis for the division of property between the two parties.
2. In the case of litigation divorce, the content of the effective judgment or mediation letter of the court shall be used as the basis for the division of property between the two parties.
3. Although the agreement between you is invalid, it is not useless and can be used as evidence of the woman's fault in the lawsuit.
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The agreement is valid. Because it is the true expression of the intention of both parties, it is reached voluntarily and does not violate the mandatory provisions of laws and regulations.
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The content is partly valid and partly invalid.
Whether or not there is an unconditional divorce cannot be agreed. This law will not recognize it. Everything else is basically fine.
Zongheng Legal Network-Tianjin Kunde Law Firm-Lawyer Li Wei.
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You can go directly to the notarization, if you can, it will have legal effect, if not, it is estimated that the lawyer will tell you how to modify it.
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Legal analysis: If the wife is authorized by her husband, the agreement signed on behalf of the wife is legally valid. If the wife signs the agreement on behalf of the husband without authorization, the validity of the agreement is to be determined, and it will take legal effect after being recognized by the husband.
Legal basis: Civil Code of the People's Republic of China
Article 161:Civil entities may carry out civil juristic acts through ** persons.
In accordance with the provisions of law, the agreement of the parties, or the nature of the civil juristic act, the civil juristic act that shall be carried out by the person himself must not be **.
Article 162:Civil juristic acts carried out by **persons in the name of ** persons within the scope of their authority are effective against the ** persons.
Article 171: Where the perpetrator does not have ** rights, exceeds ** rights, or after ** rights are terminated, they still carry out ** conduct, and they are not recognized by the ** person, it is not effective against the ** person.
The counterpart may urge the person being ** to make a retrospective recognition within 30 days of receiving the notice. Where the person being ** fails to make an expression, it is deemed to be a refusal to recognize. Before the act carried out by the perpetrator is recognized, the bona fide counterpart has the right to revoke it. The revocation shall be made by way of notification.
Where the conduct carried out by the perpetrator is not recognized by the attack, the bona fide counterpart has the right to request that the actor perform the debt or request compensation from the actor for the harm suffered. However, the scope of compensation shall not exceed the benefits that the counterparty can obtain when the person is recognized.
Where the counterpart knows or should know that the actor has no rights, the counterpart and the actor bear responsibility in accordance with their respective faults.
Article 172:Where the actor does not have ** rights, exceeds ** rights, or still carries out ** conduct after ** rights are terminated, and the counterpart has reason to believe that the actor has ** rights, the ** conduct is valid.
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