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1. The divorce agreement written by yourself is valid, but the content of the divorce agreement must be voluntary. And the agreement must be signed by both parties.
2. Before the division of property, if one party repents, the other party may go to the court to file a lawsuit to request the division of the property in accordance with the agreement.
3. After the division of property, if one party repents, in principle, the property will not be redistributed.
Hope it solves your problem.
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Divorce agreements shall be specifically distinguished between those established and those that take effect, and divorce agreements signed by persons with full capacity for civil conduct and express their true intentions on the premise of complete voluntariness shall be established from the date of signing; However, divorce is a formal legal act, and the divorce can only be completed after the divorce registration formalities must be completed through legal procedures, so only the divorce agreement registered by the marriage registration authority can take legal effect.
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The divorce agreement is reached by the husband and wife through negotiation, and as long as the content is complete, the content involved is not illegal, the agreement issues are properly handled, and there are no deficiencies in form, it is basically feasible.
Many people are not very professional in this issue and often seek help from lawyers and other professionals, but it does not mean that there is a problem with what they write. If you are unsure, you can consult a lawyer or even ask a lawyer to write on your behalf.
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As long as the other party signs it, it should be useful.
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A legal and valid divorce agreement must be in writing, the content must not violate the mandatory provisions of the law, and it must be signed voluntarily by both parties.
1. The name, work unit and home address of both men and women; Reasons for divorce;
2. Property disposal, including pre-marital property and post-marital property; ownership of housing; Other agreements, including creditor's rights and debts, etc.;
3. Children's issues, including custody issues and the amount of child support; If you have no children, you need to state that you are childless in the divorce agreement.
The divorce agreement takes effect from the time of the divorce of both parties and is binding on both parties, so it should be signed with caution, and it is recommended to consult professionals to avoid post-marital disputes.
Article 1076 of the Civil Code: If the 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' intention to divorce voluntarily and the opinions reached through consultation on matters such as child support, property, and debts.
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1. The intention of the husband and wife to divorce voluntarily is expressed;
2. Agreement on child support issues;
3. The agreement on the joint debts of the husband and wife;
4. How to deal with the joint property of the husband and wife;
5. Other matters involving both husband and wife and should be specified.
Legal basis: Article 1076 of the Civil Code of the People's Republic of China Where both husband and wife are willing to divorce, 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.
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In general, a handwritten divorce agreement is usually legally valid. This is because a divorce agreement is generally an agreement made on a voluntary basis between the spouses. A divorce agreement is a conditional agreement, and when the husband and wife have completed the divorce negotiation, the divorce agreement will begin to have legal effect.
There is also no connection between the legal validity of the divorce agreement and the marriage certificate. Therefore, the divorce agreement written by hand has legal effect.
[Legal basis].
Article 1049 of the Civil Code of the People's Republic of China Both men and women who wish to marry must register their marriage in person at the marriage registration office. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued. Obtaining a marriage certificate means confirming the relationship between husband and wife.
This is theoretically legally valid, but this kind of so-called agreement is generally just a joke when it is affectionate, and the general wording, terms, etc. will not be rigorous, so there are many ambiguous statements, and it is difficult to determine whether you can really meet the legal conditions, unless you send it to see. >>>More
The general agreement must be filled in with the real names of both parties, (preferably with ID number) relevant contact information, the content of the agreement, the date and signatures and in duplicate, which is a formal agreement.
Hello, the agreement between you is valid as long as it does not violate the mandatory provisions of laws and regulations. If you need to comprehensively prevent risks, and at the same time need the agreement to comply with the provisions of the law to take legal effect, it is recommended to entrust a lawyer to draft it more reliable, otherwise it will definitely not have the desired effect.
In a court divorce, the court will naturally review the property status of the parties. In the trial, many parties delayed the trial because they did not understand the status of the common property, and even caused a second time, which increased their own litigation burden and also affected the efficiency of the court's case handling. Therefore, it is necessary to go to the court for divorce and make a property inventory. >>>More
The divorce agreement should clearly state the identity information of both parties, and clearly stipulate the support of children and the division of property. The divorce agreement is an agreement that both parties need to submit and file with the Civil Affairs Bureau when they go to the Civil Affairs Bureau to obtain the divorce certificate, and this agreement is generally in triplicate, with one copy for each man and woman, and one copy for the record retained by the Civil Affairs Bureau. The divorce agreement must clearly record or stipulate the identity information of both parties, property situation (the location of the house, the specific amount of property, the specific distribution method of property), the ownership of child custody, the payment of child support, the current status of claims and debts, and the subject of claims and debts. In addition, the husband and wife may also agree on compensation or the terms of compensation, as long as the parties agree on it and do not violate the mandatory provisions of the law. >>>More