Whether the divorce agreement can be reversed, and whether the divorce agreement can be reversed

If one party can prove that the other party used fraud, coercion or other improper means against the other party during the divorce to divide the property, he or she can apply to the court to modify or revoke the property division agreement within one year after the divorce by mutual agreement.

Legal basis] According to Article 11 of the Marriage Law, if a marriage is entered into under duress, the coerced party may request the marriage registration authority or the people's court to revoke the marriage. A request by the coerced party to annul the marriage shall be submitted within one year from the date of registration of the marriage.

Can I reverse my divorce after I have signed it? Usually, the divorce agreement is recognized as a contract with effective conditions, and this condition is to actually go through the divorce procedures with the Civil Affairs Bureau.

Legal analysis: 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 their own property rights, which 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 on the issue of property division within one year of 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.

Therefore, the parties must be cautious about the division of property in a divorce by agreement, and it is difficult to get support in judicial practice if they repent on the grounds of obvious unfairness once the divorce is signed. Legal basis: Article 1076 of the Civil Code of the People's Republic of China Where a 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 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court. People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted: (1) bigamy or cohabitation with another person; (2) Committing domestic violence or abusing or abandoning family members; (3) Having gambling, drug abuse, or other vices that have been repeatedly taught; (4) They have been separated for two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the relationship between husband and wife. Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted. Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary. Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party. The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

Legal analysis: After signing a divorce agreement, you can reverse it. If, after the divorce, one of the parties wants to revoke the property division agreement in the divorce agreement due to remorse, they may file a lawsuit with the people's court to request that the division agreement be modified or revoked within one year after the divorce by mutual agreement between the man and the woman, and the people's court shall accept it.

Article 1086 of the Civil Code of the People's Republic of China After divorce, the parent who does not directly raise the child has the right to visit the child, and the other party has the obligation to assist. The manner and time of the visitation shall be agreed upon by the parties; If the agreement is not reached, the people's court shall make a judgment.

Where a parent's visit to a child is detrimental to the child's physical and psychological health, the people's court is to suspend the visit in accordance with law; Visits shall be resumed after the reason for the suspension has disappeared.