How custody issues should be written on the divorce agreement

The divorce agreement needs to include three parts: first, two people agree on the divorce; secondly, custody issues; Third, the distribution of common property and debts.

Legal analysis: "The divorce custody agreement is written as follows: 1. The identity information of the dependents and the identity information of the dependents are stated at the beginning; 2. Write down the way of support, such as how much support is given every month; 3. Write the date at the end and sign it by the dependent.

You can refer to the way the contract is written. ”

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 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 bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) 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.

The issue of child support in the divorce agreement is nothing more than custody, child support, and visitation rights. So let's take a look at how to make an agreement. From this point of view, I am speaking from the side of the direct support of the house.

1. Custody.

This is relatively simple, write down the date of birth of the child, how old it is, and agree on who will raise it.

2. Child support.

The first is the amount of child support and the period of payment.

The legal support is until the age of 18, but the agreed divorce will generally take into account that the child is still unable to live independently in college, and it can also be written for a longer time, such as until the age of 23, or until the completion of the bachelor's degree.

Then there is the payment method and date. Since it is an agreement, the two parties can negotiate it, generally one month to pay, if not directly raising the child one agrees, it can also be paid once a year, or even a lump sum, this can be agreed according to their own situation.

The following point is even more important, that is, the agreement on the cost of education and medical expenses. Now the child's living expenses are a trivial matter, and the bulk is the cost of the training course and the medical fee, I suggest that we try to make another agreement on this, for example, you can agree that the cost of the training class will bear half of the cost, and the medical expenses will exceed 1,000 yuan, and both parties will bear half of it.

If there is a concern that the other party will delay or fail to pay child support, a liability for breach of contract can also be added. For example, it may be agreed that liquidated damages of several thousandths will be incurred for each day of late payment.

3. Visitation rights.

Regarding visitation rights, I think that the number of visits per month should not be too much, if the visits are too frequent, it will cause a lot of inconvenience to both parties and will affect the normal life and study of the child.

I suggest that you have the right to visit twice a month, and you can agree to visit your child on a weekly or bi-weekly weekend, for example, you can agree to pick up your child at 9 a.m. on a single Saturday of each month, and return your child by 7 p.m. the next Sunday.

I usually suggest that the parties agree that after the child is 10 years old, the specific time and method of visitation need to listen to the child's opinions and respect the child's opinions. This can be cut according to your actual situation.

In order to avoid this situation, it is best to stipulate in the divorce agreement that if one party does not cooperate with the exercise of visitation rights, the other party can be held liable for breach of contract and agree on the amount of breach of contract.

Contractor: XX, female, born on the day of the year, living in the city road number Chenyan Key.

Contractor: XX, male, born on the date of the year, living in the city.

The parties to the agreement, XX and XX, shall go through the marriage registration formalities at the People's ** on the date of year, xx, and xx. Due to the serious incompatibility of the personalities of the two parties, they could not continue to live together, and the relationship between the husband and wife had completely broken down, and it was decided to divorce by agreement. The parties hereby agree to the following terms of divorce:

1) XX and XX voluntarily divorced.

2) The child is raised by one party, and the other party pays 600 yuan per month for child support.

1. Child support includes living expenses, medical expenses, education expenses, etc. If a large amount of one-time expenses are incurred during the period of child support, the two parties will negotiate and settle it;

2. If one party is unable to pay on time, an additional 3% of the compensation will be charged per day.

4. When the child reaches the age of 18, and after the child reaches the age of 18, and the child support is indeed paid as necessary, the two parties shall negotiate to determine the amount and time of payment;

5. Within one year after the divorce, the other party shall assist in handling the child's household registration to one party, and if not, the loss will be compensated in RMB.

6. If the other party moves out of the household registration within one year after the divorce, if it exceeds the time, the compensation will be paid on a daily basis.

7. After the divorce, one party shall not change the surname of the child without the written consent of the other party, and if it is changed without authorization, the original surname shall be restored in time and a one-time compensation shall be paid.

3) The list of the joint property of the husband and wife is as follows:

1. Housing, division method;

2. Deposit and division methods;

3. Furniture and electrical appliances, division method;

4. **, **, division method;

5. Automobile, division method;

6. Other investments, property, and division methods.

4) Joint creditor's rights and debts of husband and wife:

1. The joint creditor's rights of both parties and the method of division;

2. The two parties have joint debts, and the method of division and bearing.

5) Methods for exercising visitation rights:

1. Time spent visiting children;

2. The way of visiting the children;

3. The place where the children are visited;

4. The exercise of the right of grandfather and grandmother to visit;

6) Other issues agreed:

7) This divorce agreement shall be executed in triplicate, one copy for each party, and one copy shall be filed with the marriage registration authority, which shall take effect after being signed by both parties and completed by the marriage registration authority.

Contractor: Contractor:

Date of signing of the agreement: YYYYYYYYYYYYYYYYYYY

The above is the determination of custody in the divorce agreement, China's legal criteria for the determination of child custody are based on the principle of whether it is conducive to the growth of children, and both parties should also handle it around this principle.