Can the divorce agreement be changed after two days of divorce

The agreement is an agreement reached by both parties, and if it is to be amended, it must be agreed by both parties, and if it is not agreed, it cannot be unilaterally amended.

As long as the two agree, it should be fine!

Questions. Know.

Can the divorce agreement be changed?

585 people found it helpful.

Fa Niu Q&A. Is it feasible to amend the divorce agreement?

488 people found it helpful.

Is it legal to change a divorce agreement?

4 articles. Hualu.com.

Popularize legal knowledge and provide professional. Paragraph 3 of Article 11 of the 2019-02-28 Marriage Registration Regulations stipulates that the divorce agreement shall contain the parties' intention to divorce voluntarily and the consensus on matters such as child support, property and debt disposal. Article 9 of the Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China stipulates that if a man and a woman repent on the issue of property division and request to modify or revoke the property division agreement one year after the divorce by mutual agreement, the court shall accept it; Where, after trial, the 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.

The parties can request to change or revoke the divorce property division agreement (change the divorce agreement): fraud, coercion. An application to set aside a divorce property division agreement on the ground of manifest unfairness cannot be upheld because manifest unfairness is not a statutory ground for setting aside a divorce property division agreement.

Therefore, the divorce agreement can be amended if it meets the statutory conditions. Of course, after the divorce of the husband and wife, it is also possible to change the divorce agreement by consensus, such as changing the custody of children, as long as both parties sign a written supplementary agreement, and the modified agreement does not need to be submitted to the Civil Affairs Bureau for the record.

Legal Analysis: Yes. The first is to go to the notary public to notarize the newly signed divorce agreement; The second is to apply to the court to change the divorce agreement.

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' 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 Shiqiao does not apply, it shall be deemed to have withdrawn the application for divorce registration.

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.

Legal analysis: The signed divorce agreement generally cannot be changed. However, if the divorce agreement has not yet taken effect, that is, it has not been filed with the marriage registration authority, the parties may modify the divorce agreement.

According to the relevant laws and regulations, if the husband and wife divorce voluntarily, they shall sign a written divorce agreement, and the divorce agreement shall take effect when the divorce certificate is issued.

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 opinions 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, the application for divorce registration may be withdrawn 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 through consultation on matters such as child support, property, and debt sales, they shall register and issue a divorce certificate.

After the divorce, the divorce agreement can be changed at any time as long as the other party agrees. If the other party does not agree, then it cannot be changed. However, if the divorce agreement is forced, you can file a lawsuit in court to change it within one year after the divorce.

Where a man and a woman repent, request to modify, or revoke the property division agreement within one year of the divorce by mutual agreement, the people's court shall accept it.

After the divorce is registered, the divorce agreement will take effect, so if you want to change the divorce agreement, you should change it before the divorce is registered. If a dispute arises over the divorce agreement after the divorce is registered, then the parties can sue for settlement.

A divorce agreement is a written agreement signed by the husband and wife on matters related to the dissolution of marriage due to the breakdown of their relationship and based on the willingness of both parties, and approved by the marriage registration authority or the court.

Is a fraudulent divorce effective?

Whether it is a fraudulent divorce or some other way that leads to a divorce, as long as the divorce is made, it is valid. Therefore, after the parties go through the divorce procedures, the marriage relationship is dissolved, and even if the divorce is fraudulent, the identity relationship cannot be restored through legal means. However, in the case of the division of property, if there is evidence that the divorce agreement was concluded by deception or coercion, an application for annulment may be made within one year.

In this regard, Article 9 of the Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of the Supreme People's Court clearly stipulates that if a man and a woman repent on the issue of property division within one year after the 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 were circumstances such as fraud or coercion at the time of entering into the agreement on the division of property, the parties' litigation claims shall be rejected in accordance with law.

2. Does the law allow repudiation of a divorce agreement?

Because the divorce agreement is the result of the consensus of both parties on the premise of equality and voluntariness. For any party, it is a kind of free disposition of one's own property rights, and it is legally binding on both parties. Once a divorce agreement has been signed, neither party can easily renege on it.

Where a man and a woman repent, request to modify, or revoke the property division agreement within one year of the divorce by mutual 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. Therefore, divorce by mutual agreement between the parties must be treated with caution in the division of property, and it is difficult to get support in judicial practice if the divorce is signed and then repented on the grounds of obvious unfairness.

Summary. Hello <>

If you want to change the divorce agreement after the divorce, you need to do it by mutual agreement. How long it takes varies from person to person and depends on the situation. If the negotiation goes smoothly and there are no objections, the time to change the divorce agreement will be shorter.

However, if there is a difficulty in negotiation or the two parties disagree, the processing time will generally be relatively long. According to the provisions of the Marriage Law of the People's Republic of China, the divorce of husband and wife shall be agreed upon through consultation, and if there are unfinished matters, they may file a lawsuit with the people's court, and the people's court shall mediate or make a judgment. Consensus, i.e., the parties reach an agreement through consultation, including the modification of the divorce agreement.

How long does it take to change the divorce agreement after a divorce.

Hello <>

If you want to change the divorce agreement after the divorce, you need to do it by mutual agreement. How long it will take varies depending on the person's hail thoughts, depending on the situation. If the negotiation goes smoothly and there is no objection, the time to change the divorce agreement will be shorter.

However, if there is a difficulty in negotiation or the two parties disagree, the processing time will generally be relatively long. According to the provisions of the Marriage Law of the People's Republic of China, the divorce of husband and wife shall be agreed upon through consultation, and if there are unfinished matters, a lawsuit may be filed with the people's court, and the people's court shall mediate or make a judgment. Consensus, i.e., the parties reach an agreement through consultation, including the modification of the divorce agreement.

Extended supplement: In the process of amending the divorce agreement, if there is a difference of opinion between the two parties, they can be coordinated and resolved by hiring a lawyer or other professionals. It can also be arbitrated by the court through mediation or litigation.

Divorce agreements involve many aspects such as property division and child support, so they need to be handled with caution. In the end, the agreement between the two parties will be one of the necessary source conditions for the divorce agreement. <>

Summary. Pro-<>

We are happy to answer for you: to change the divorce agreement, it must be filed within two years, and if you file a lawsuit to the court to change the divorce agreement, it is generally closed within three months. If the parties choose to change the divorce agreement by agreement, the change can generally be completed on the same day.

How long does it take to change the divorce agreement after a divorce.

The <> is happy to answer for you: to change the divorce agreement, it must be filed within two years, and if the divorce agreement is filed with the court, it is generally concluded within three months. If the parties choose to change the divorce agreement by agreement, the change can generally be completed on the same day.

Legal basis: Article 1076 of the Civil Code of the People's Republic of China [Divorce by Agreement] If Sun Ji and his wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration at the marriage registration authority in person. 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.