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If you have signed a divorce agreement and gone through the divorce procedures, you cannot go back on it.
1. If you sign a divorce agreement and go through the divorce procedures, it will have legal effect, 2. If you don't want to divorce, you can only remarry and go through the formal procedures.
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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.
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The marriage has been divorced, and I want to regret it, it is, it is established, and it is useless to regret and regret, what did you do earlier? It's late!
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I guess why bother in the first place. As the saying goes: there is no regret medicine in the world.
Of course, it's okay to regret it, but it doesn't matter if you're a man or a woman. Then others will look down on you. Therefore, it is said that we should think twice before acting.
There are some things that can't be easily said no. But there are priorities. In some cases, there are trade-offs.
If the other party is still in love with you and still cares about you in his heart, you can remarry, if someone else is already cold to you, I don't think there is any need for this, and you still won't have a good time in the future? But then again, I'd rather demolish 10 temples than destroy a marriage. If you care about each other, I would advise you to live well together.
After all, it's not easy to start a family.
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Does estoppel refer to the terms of agreement or divorce?
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Legal analysis: 1. If the man and woman divorce voluntarily and have properly dealt with the property issues of their children, they have registered the divorce at the marriage registration authority and received the "Divorce Certificate", and their marriage relationship will be officially dissolved. Where one party repents and initiates a lawsuit in the people's court, the people's court will not accept it.
If both parties wish, they can go through the formalities of remarriage.
2. If you regret the divorce agreement due to the division of property, you can file a lawsuit with the court, and if you regret the issue of property division after the divorce by agreement, you can file a lawsuit with the court within 1 year after the divorce by agreement, requesting to change or revoke the property division agreement. However, only if there is fraud, coercion, etc. at the time of the conclusion of the Divorce Agreement, the court will make a judgment to modify or revoke the original property division agreement in accordance with the law, otherwise it will make a judgment to reject the claim and not support the plaintiff's claim.
3. If you regret the matters not agreed in the "Divorce Agreement", you can file a lawsuit with the court, and if you have the problem of visiting time and the surname of the child, you can file a lawsuit with the court and submit your own litigation request, and the people's court will make a judgment in accordance with the law.
4. If after the divorce, one party finds that the other party has hidden, transferred, sold, or damaged the joint property of the husband and wife, or forged debts in an attempt to encroach on the property of the other party, he or she may file a lawsuit with the people's court to request the division of the joint property of the husband and wife.
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 registration of the first marriage of Lixiangmu to 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 organ ascertains that the parties have indeed divorced voluntarily and have reached a consensus on matters such as child support, property, and debt handling, they are to be registered and a divorce certificate is issued.
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Hello, according to the law, if a man and a woman repent on the issue of property division within one year after the divorce by agreement, and request to change 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.
According to the situation you described, if there is a division of property in your divorce agreement, you can apply to the court for revocation within 1 year after the divorce agreement takes effect.
[Legal basis].
Article 9 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (Eryingyu).
Where a man and a woman repent on the issue of division of property within one year of divorce by mutual agreement, and request that the agreement on division of property be modified or revoked, 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 litigation claims of the parties in accordance with law.
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If a divorce certificate has already been processed, the dissolution of the marriage relationship in the divorce agreement cannot be reversed, but it can be reversed on other provisions in the divorce agreement.
However, it should be noted that if the agreement on the division of property is reversed, or the issue of damages for divorce is reversed, it needs to be filed within one year after the divorce.
In addition, if one party repents of the division of property and files a lawsuit, only if there is fraud or coercion at the time of the conclusion of the Divorce Agreement, the Law Correction and Training Institute will make a judgment to modify or revoke the original property division agreement in accordance with the law, otherwise the lawsuit will be rejected and the plaintiff's claim will not be supported.
Draft of Legal Basis].
Article 1091 of the Civil Code provides that in any of the following circumstances, if a divorce is caused, the innocent party has the right to claim damages:
a) bigamy; 2) cohabitation with another person;
3) Committing domestic violence;
4) Abuse or abandonment of family members;
5) There are other major faults.
The divorce agreement is a written material that must be submitted when both parties agree to divorce, which generally needs to be drafted after consultation between the two parties, and signed and confirmed by the Civil Affairs Bureau in front of the staff. The agreement needs to consist of three parts, the first part is the voluntary divorce of both parties; The second part is who owns the custody of the child, the amount, scope, payment method, method of exercising the right of visitation, time, special agreements for winter and summer vacations, etc.; The third part is the division of property, which is determined according to the type of property, for example, the first item is real estate, followed by the types of property such as cars, deposits, insurance, bonds, creditor's rights and debts, etc. The divorce agreement needs to focus on the parts that are particularly prone to disputes according to the focus of the dispute between the parties, and make an agreement according to the specific circumstances of both parties to avoid future legal risks. >>>More
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. >>>More
You said that she didn't know that she was going to **, and the divorce can only be done if two people go together, so you'd better find her first.
The procedures and documents required for an uncontested divorce are: >>>More
In the marriage relationship, when the relationship between the husband and wife breaks down and the husband and wife decide to divorce, many people take the form of divorce by agreement by both parties to go to the Civil Affairs Bureau to register the divorce, which is relatively fast as long as the two parties can reach an agreement. But in many cases, both parties have to change the divorce agreement after the divorce, so change the divorce agreement to **? A divorce agreement is an agreement reached by the husband and wife on child support and property division, and the agreement is valid as long as it is the true expression of the intention of the husband and wife and does not violate the mandatory provisions of the law. >>>More