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A divorce agreement is a written agreement signed by both spouses who are about to dissolve their marriage on the division of property, custody and visitation of children, spousal support, child support, etc. The divorce agreement must be in writing, signed by both spouses, and approved by the court or the marriage registration administration department before it can be legally valid. This is one of the requirements for divorce proceedings.
Once approved by the court or the marriage registration management department, the agreement is written in duplicate, one for each party, and the divorce certificate is naturally authentic.
The so-called fairness means that when the agreement is drafted, the husband and wife can reach an agreement on it, and it should already have fairness. You can also go to the notarization.
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It is that both parties agree on a divorce. This includes the issue of child support and the division of property.
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As long as the true intention of both parties is expressed, and the divorce is handled by the civil affairs department after signing and confirming, it is binding on both parties, and if one party does not perform according to the agreement, the other party can go to the court to sue the other party to require the other party to perform according to the agreement. If you feel that you want to notarize, you can go to the local notary office to notarize.
Article 1076 of the Civil Code of the People's Republic of China provides that 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' intention to divorce voluntarily and the opinions agreed upon on matters such as child support, property, and debt handling. Article 1078 of the Civil Code of the People's Republic of China provides that if the marriage registration authorities ascertain that the parties have indeed divorced voluntarily and have reached a consensus on matters such as child support, property and debt handling, they shall register and issue a divorce certificate.
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The law does not stipulate that the divorce agreement must be notarized, as long as it is the true intention of both parties, and the divorce is handled by the civil affairs department after signing and confirming, it is binding on both parties, and if one party does not perform according to the agreement, the other party can go to the court to sue the other party to perform according to the agreement. If you feel that you want to notarize, you can go to the local notary office to notarize.
Civil Code of the People's Republic of China
Article 1076.
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 consensus on matters such as child support, property, and debt handling.
Civil Code of the People's Republic of China
The 1078th key guess bar.
If the marriage registration authority ascertains that the parties have indeed voluntarily divorced and have reached an agreement on matters such as child support, property, and debt disposition, they shall register and issue a divorce certificate.
Sample divorce agreement.
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