The divorce agreement is maintained by one party, and the other party can also be claimed

Nowadays, there are many external factors, and people are more pursuing the development of personality, when there are problems in the marital life of both parties and the relationship breaks down, many people choose to divorce rather than go down. Divorce generally requires the signing of a divorce agreement, the two parties will agree on a series of issues such as property, debts and child support, according to the actual situation, some parties will agree that the child is completely raised by one party, so is the divorce agreement stipulated that the maintenance fee is borne by one party is valid? Is it valid for a divorce agreement to stipulate that alimony should be borne by one party?

At the time of divorce, if the divorce agreement stipulates that only one party will pay child support, the agreement is valid because the agreement does not violate the prohibitions of the law and is a valid civil act and should be legally binding on both parties to the agreement. However, the stipulation of the divorce agreement does not affect the right of the child to ask for maintenance from the other parent when necessary, and it is necessary to consider the economic status of the party who bears the child support, whether the needs of the child have increased, and the economic situation of the other party. In the trial of alimony cases, the court is based on fully protecting the interests of minor children, because for minor children who need to be supported, they are persons with limited civil capacity, and they cannot independently express their intentions on matters beyond the scope of civil capacity suitable for their age, and they need their legal ** person to advocate on their behalf. In order to be able to be reasonable on the basis of legality, so as to reflect the basic principle of the law to firmly implement honesty and credit.

To sum up, it is valid for the divorce agreement to stipulate that the maintenance shall be borne by one party, but when necessary, the children can request the payment or increase of the maintenance fee by fulfilling the statutory maintenance obligations.

Article 1089 of the Civil Code of the People's Republic of China provides that in the event of a divorce, the joint debts of the husband and wife shall be repaid jointly. If the joint property is insufficient to pay off or the property of the financial base is owned by each other, the two parties shall settle it by agreement; If the agreement is not reached, the people's court shall make a judgment.

At the time of divorce, if the divorce agreement stipulates that only one party will pay child support, the agreement is valid because the agreement does not violate the provisions of the law prohibiting spine, which is a valid civil act and should be legally binding on both parties to the agreement. In addition, the law stipulates that the parent who does not directly raise the child shall pay part or all of the child support.

Legal basis] Article 1085 of the Civil Code, after divorce, if the 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.

Hello, in the case of an equal agreement between the parties, such an agreement is valid.

The home-to-family lawyer reminds that although such an agreement is valid, if the party who bears the alimony has financial difficulties, he or she also has the right to claim alimony from the other party.

Article 52 of the Interpretation (1) of the Marriage and Family Section of the Civil Code: Both parents may agree that one party shall directly raise the child and the direct custody party shall bear all the child support. However, where the ability of the party directly raising the child is clearly unable to guarantee the child's necessary expenses, and affects the child's healthy growth, the people's court will not support it. Bucket do.

It is lawful for the divorce agreement to stipulate that custody belongs to one party. According to the provisions of the Civil Code, the divorce agreement may stipulate the ownership of child custody, but it must not be detrimental to the growth of the child.

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.

Legal basis] Article 1084 of the Civil Code, the relationship between parents and children shall not be extinguished by the divorce of parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother.

After divorce, parents still have the right and obligation to raise, educate and protect their children.

In the event of a divorce, children under the age of two shall be raised directly by their mothers. For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child. Where children have reached the age of 8, their true wishes shall be respected.

Legally, custody is a personal right of parents to their children, and there is a distinction between legitimate and illegitimate support, and in real life, due to the emergence and occurrence of various reasons, the parents' custody of their children is not well protected. The one or both of the parties who have this right have the right to decide whether or not to live with the child before the child reaches the age of majority, and this right is extinguished when the child reaches the age of majority. The ownership of custody in the event of divorce can be negotiated by both parties, and once the negotiation fails, the court shall make a judgment.

The court's decision on the ownership of custody is generally based on the principle of being conducive to the growth of the children: the following factors are mainly considered: the husband and wife's education, work, income, age, family environment, age of the children, etc.

Article 27 of the Civil Code of the People's Republic of China provides that parents are the guardians of minor children.

Where a minor's parents are deceased or have no capacity for guardianship, the following persons with guardianship capacity are to serve as guardians in order:

1) Grandparents;

2) brother and sister;

3) Other individuals or organizations willing to serve as guardians, but with the consent of the residents' committee, villagers' committee, or civil affairs department for the minor's residence.