Does the divorce agreement have legal effect?

Hello, the divorce agreement has legal effect.

Where 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' expression of intent to divorce voluntarily and the opinions reached through consultation on matters such as child support, property and debt disposition. After a successful divorce by mutual agreement, the divorce agreement takes effect.

However, the lawyer reminds you that: 1. If one party lacks civil capacity at the time of entering into the divorce agreement, or if it is signed under fraud, coercion, etc., it may be invalid; 2. The clauses on property and debt treatment in the divorce agreement are legally binding on both men and women, but the creditor still has the right to claim rights against both men and women in respect of the joint debts of the husband and wife.

In order to avoid disputes after the agreement is invalid, it is recommended that it be drafted or reviewed by a professional lawyer.

Relevant Laws] Civil Code

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.

Interpretation of the Civil Code on Marriage and Family (1).

Article 35: Where the parties' divorce agreement or the effective judgment, ruling, or mediation document of the people's court has already dealt with the issue of the division of marital property, the creditor still has the right to claim rights against both the husband and the woman in respect of the joint debts of the husband and wife.

Where, after one party bears responsibility for the repayment of the joint debts of the husband and wife, it is claimed that the other party should bear the corresponding debts in accordance with the divorce agreement or the legal documents of the people's court, the people's court shall support it.

Article 69: Where the parties reach an agreement on the disposition of property and debts that is conditional on divorce by mutual agreement or mediation of divorce in the people's court, if the divorce is not completed between the parties and one party repents in the divorce proceedings, the people's court shall find that the agreement on the disposition of property and debts has not taken effect, and make a judgment in accordance with the provisions of articles 1087 and 1089 of the Civil Code based on the actual circumstances.

The provisions of the divorce agreement signed by the parties in accordance with Article 1076 of the Civil Code concerning the disposal of property and debts are legally binding on both men and women. Where after the registration of the divorce, the parties initiate a lawsuit due to a dispute arising from the performance of the above-mentioned agreement, the people's court shall accept it.

To determine whether the divorce agreement has legal effect, it is necessary to see whether the divorce agreement is in place at the time of signing the divorce agreementBoth parties have the corresponding capacity for civil conduct; The meaning means that it is true; The content does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs. If the above conditions are met, the divorce agreement will have legal effect.

Legal basis. Civil Code of the People's Republic of China

Article 143:Civil juristic acts that meet the following requirements are valid: (1) the actor has the corresponding capacity for civil conduct; (2) The expression of intent is true; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

Divorce by mutual agreement has legal effect, but the premise is that the divorce agreement reached by both parties on issues such as property division, child support, joint claims and debts is an expression of the true intention of the parties, the content is legal and fair, and has been confirmed by the marriage registration authority.

Legal basis. According to Article 464 of the Civil Code, a contract is an agreement between civil subjects to establish, modify or terminate a civil legal relationship.

Marriage, adoption, guardianship, and other agreements related to status relationships shall be governed by the laws and regulations on such status relationships; Where there are no provisions, the provisions of this Part may be applied by reference on the basis of their nature.

The above is only the current information combined with my understanding of the law, please refer to it carefully!

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.

Summary. Yes, dear.

Yes, dear. If the content of the divorce agreement signed by the husband and wife does not violate the provisions of the law, it has the effect of law and may be used as evidence after the divorce or in court proceedings. However, before the divorce is registered or the court mediates or adjudicates the divorce, the agreement on divorce in the divorce agreement does not take legal effect.

The parties are still husband and wife.

Divorce agreement, property belongs to the woman.

The child is raised by the woman.

Yes, the agreement is valid.

Can you draw up one?

Both parties need to sign and have their fingerprints affixed.

Divorce Settlement.

Yes pro. But there is a fee, is it acceptable?

Probably the content is that the property belongs to the woman.

Yes, you can tell me the details that need to be formulated.

Do you need it? Kiss.