If you remarry on the first day of divorce, is the divorce agreement valid?

Legal Analysis: After remarriage, the divorce agreement is still valid. The divorce agreement takes effect when the parties register the divorce with the marriage registration authority and has legal effect on the parties.

The arrangement of the parties' assets after the remarriage may be determined by the parties through consultation in accordance with law. 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.

A valid, mutually agreed agreement is legally binding.

But since you have decided to remarry, why bother too much about the divorce agreement.

Legal analysis: As long as both parties wish, they can remarry at any time. The law stipulates that when a mainland resident marries, both the man and the woman shall jointly go to the marriage registration authority at the place where one of the parties has permanent residence.

Where a Chinese citizen marries a foreigner in Chinese mainland, or a mainland resident marries a Hong Kong resident, Macao resident, Taiwan resident or overseas Chinese marries in Chinese mainland, both men and women shall jointly go to the marriage registration authority at the place where the mainland resident's permanent residence is located to complete the marriage registration.

Legal basis: Article 1046 of the Civil Code of the People's Republic of China Marriage shall be completely voluntary between the man and the woman, and it is forbidden for either party to force the other party, and it is forbidden for any organization or individual to interfere.

Legal Analysis: Divorce agreements take effect after the previous divorce. Remarriage actually creates a new marital relationship, and does not affect the rights and obligations agreed in the previous divorce agreement that has already taken effect.

Legal basis: Article 1064 of the Civil Code of the People's Republic of China Debts borne by the husband and wife as jointly signed or recognized by one of the husband and wife after the fact, as well as debts incurred by one of the husband and wife in his or her own name for the daily needs of the family during the existence of the marital relationship, are joint debts of the husband and wife. Debts incurred by one of the spouses in his or her own name during the existence of the marital relationship in excess of the daily needs of the family are not joint debts of the husband and wife; However, the creditor can prove that the debt was used for the husband and wife's common life, joint production and business, or based on the common intention of the husband and wife.

The divorce agreement takes effect when the parties get divorced and the divorce is registered. Whether the parties remarry or not does not affect the validity of the divorce agreement. In other words, if a house with joint property belongs to one party in a divorce, then the remarriage is also considered to be the personal property of that party.

However, if there is a special agreement between the parties, the agreement shall prevail. In the case of divorce and remarriage, the property divided at the time of divorce is pre-marital property. Because divorce terminates the marriage relationship, the marriage relationship formed by remarriage does not have legal continuity, but is two acts, and they are two independent marriage relationships.

According to the new judicial interpretation, the property divided at the time of divorce shall belong to the individual after it takes effect, and shall remain owned by the individual in the marriage relationship following the marriage unless the parties voluntarily wish to do so. Remarriage is actually a second marriage, and the property divided at the time of divorce belongs to pre-marital propertyIn the absence of a special agreement, the property acquired after remarriage is the joint property of the husband and wife.

To sum up, if the husband and wife remarry after the divorce, then the divorce agreement signed by the previous divorce is still legally valid, and the property divided in the agreement still belongs to the pre-marital property of one of the spouses. Legal basis: Article 18 of the Marriage Law of the People's Republic of China shall be the property of one of the husband and wife under any of the following circumstances:

a) the pre-marital property of one of the parties;(2) Medical expenses, living allowances for the disabled, and other expenses received by one party as a result of bodily injury;(3) Property that is determined in the will or gift contract to belong to only one of the husband or wife;(4) Daily necessities for the exclusive use of one side;(5) ?Other property that should belong to one party.

As long as the ownership of the property has been determined at the time of the divorce, it has been determined that the property belongs to the individual before the marriage after the remarriage. Because, although it is a remarriage, it is also a form of remarriage, and people can be reunited, but property cannot be automatically reunited, unless the property is notarized. According to Article 18 of the Marriage Law of the People's Republic of China, any of the following circumstances shall be the property of one of the husband and wife:

1. One party's pre-marital property;

2. Medical expenses, living allowance for the disabled, etc., obtained by one party due to bodily injury;

3. The property that is determined in the will or gift contract to belong to only one of the husband or wife;

4. Daily necessities for one party;

5. Other property that should belong to one party.

In other words, the divorce agreement signed by the parties at the time of divorce is legally binding and will not be changed because the parties remarry.

With respect to a divorce agreement, if the circumstances of remarriage do not affect the validity of the divorce agreement, the divorce agreement still has legal effect. The parties still have the right to require a party to the agreement to perform its obligations under the agreement.

It depends on what the agreement is, if it's a property agreement.

After the divorce, the property is divided, and after remarriage, it belongs to pre-marital property, which belongs to private property, and if it is some child-rearing, it will be canceled after remarriage, after all, both husband and wife are responsible for raising children.