Unilateral divorce, can the husband leave after the agreement has been identified?

Yes, but both parties need to go to the marriage registration office to register the divorce.

According to the Marriage Registration Regulations:

Article 10: Where a mainland resident voluntarily divorces, both men and women shall jointly go to the marriage registration authority for the place where one of the parties has a permanent residence to register for divorce.

Where a Chinese citizen voluntarily divorces a foreigner in Chinese mainland, or a mainland resident voluntarily divorces with a Hong Kong resident, Macao resident, Taiwan resident or overseas Chinese in Chinese mainland, both men and women shall jointly go to the marriage registration authority at the place where the mainland resident has a permanent household registration to complete the divorce registration.

Article 11 Mainland residents who go through divorce registration shall present the following documents and supporting materials:

1) The person's household registration booklet and ID card;

2) The person's marriage certificate;

3) A divorce agreement signed by both parties.

In addition to the certificates and supporting materials provided for in items (2) and (3) of the preceding paragraph, Hong Kong residents, Macao residents, and Taiwan residents who have gone through divorce registration shall also present their own valid passes and identity cards, and overseas Chinese and foreigners shall also present their own valid passports or other valid international travel documents.

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.

Therefore, divorce requires both men and women to go through the divorce registration at the marriage registration authority in the place where one of the parties has a permanent residence.

Yes, if you are a woman, it is okay, because the man has agreed and signed the agreement, yes, as long as the man's consciousness at the time of signing is clear and there is a god horse coerced by the god horse.

Freedom of marriage, freedom of marriage, freedom of divorce, if the husband and wife can reach an agreement on the issue of divorce, they can sign the voluntary divorce agreement and then go to the Civil Affairs Bureau to agree on divorce, after the divorce by agreement, the voluntary divorce agreement takes legal effect and is valid.

Unless one party can prove that the divorce agreement was signed under duress or fraud, the contents of the divorce agreement cannot be reversed in principle.

Is the divorce agreement signed by the party who has not registered the divorce valid without registering the limbs?

The validity of the divorce agreement signed by the parties to the divorce without registration is to be determined. The divorce agreement is the true expression of the intention of both parties, and the content does not violate the mandatory provisions of the law, and the divorce agreement is established, but it has not yet taken legal effect. The divorce agreement will only take effect after both parties have completed the divorce registration and received the divorce certificate.

Article 1076 of the Civil Code stipulates that if a husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office.

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 1080.

The marriage relationship is dissolved when the divorce registration is completed, or the divorce judgment or mediation document takes effect.

Is the agreement signed by the two parties in private valid after the divorce by mutual agreement?

Effective. Under normal circumstances, as long as the parties voluntarily reach a consensus through consultation, and the agreement signed privately complies with the provisions of laws and administrative regulations, it will have legal effect.

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 provisions of the laws governing such status relationships; Where there are no provisions, the provisions of this Part may be applied by reference according to their nature.

Legal basis: Article 1076 of the Civil Code of the People's Republic of China [Divorce by Agreement] 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 reached on matters such as child support, property, and the handling of debts, hunger, and filial piety.

Summary. Hello dear! Glad to answer for you :

The divorce agreement signed by both parties is valid, and the divorce agreement is the substantive document of the registered divorce (divorce by agreement), and the parties applying for the registration of the divorce must carefully make it, and it will have legal effect after being signed by both parties. The division of property in the divorce agreement is binding on both spouses. Therefore, as far as the divorce agreement itself is concerned, it is legally binding.

Hello Kai blind seepage! I am very happy to answer for you: the divorce agreement signed by both parties is valid, and the divorce agreement is the substantive document of the registered divorce (divorce by agreement), and the parties applying for the registration of the divorce must carefully make it, and it will have legal effect after being signed by both parties.

The content of the divorce agreement on the division of property is binding on both husband and wife. Therefore, as far as the divorce agreement itself is concerned, it is legally binding.

In accordance with the provisions of the Regulations on the Administration of Marriage Registration and Remembrance, the parties applying for registration of divorce shall submit the following certificates at the same time when submitting a written application for registration of divorce to the marriage registration authority: 1. The household registration certificates of both parties to the application for divorce; 2. Residents of the parties to the divorce SFZ; 3. A letter of introduction issued by the unit, villagers' committee or residents' committee of both parties; 4. Divorce agreement; 5. Marriage certificate or certificate of relationship between husband and wife.

If the conditions prescribed by law are met, the agreement written privately by the parties to the divorce has legal effect. A divorce agreement refers to an expression of common intent reached by both husband and wife agreeing to the divorce, as well as how to deal with creditor's rights, debts and property after divorce, and who will raise the children.

The divorce agreement involves the dissolution of the identity relationship of the parties and the change of property relationship caused by the dissolution of personal relationship. The content of a divorce agreement generally includes three items, namely divorce, child support, and property disposal. The content of divorce and child support belongs to the nature of the personal relationship between the husband and wife, while the property disposal belongs to the nature of the property relationship between the husband and wife, and both of these relations are personal relations and property relations between equal subjects in legal nature.

Therefore, the nature of the divorce agreement should be a hybrid contract, which is a composite action with the divorce proceedings. The clause in the divorce agreement concerning the personal relationship between the husband and wife is invalid.

First of all, China's law adopts the principle of combining the doctrine of registration requirements and the doctrine of litigation elements for the dissolution of marital relations, that is, the parties can choose to register the divorce or choose to divorce by litigation, both of which have the same legal effect.

Otherwise, it is impossible for the spouses to dissolve their marriage. Second, as far as whether the parties agree to the divorce, due to subjective and objective reasons, the parties' intentions regarding the divorce may change, and the change should also be allowed.

Extended information: Because the relationship between husband and wife is not a fixed number, but a variable, with the change of various factors such as time, environment, other parties' words and deeds, self-knowledge, etc., the two parties or one party will judge the future of the marriage differently, and even make a decision to be cautious or opposite. Therefore, it is normal for one party to regret not agreeing to the divorce after signing the divorce agreement.

In this sense, the intention of the parties to the marriage to "agree to divorce" in the divorce agreement does not have legal effect, but can only be used as evidence to prove that there has been a major rift in the relationship between the husband and wife. In other words, the agreement between the husband and wife on whether to agree to the divorce is in the nature of a personal relationship, so it cannot be bound by a written contract, that is, the law will not prohibit the parties from repeatedly changing their intention to agree to the divorce. The law confirms the fact of divorce only when the parties have dissolved the marriage or gone through the divorce registration formalities through the Fengwu lawsuit.

Legal basis: Article 1076 of the Civil Code [Divorce by Agreement] 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.

Legal Analysis: A divorce agreement signed privately must meet the following conditions to be valid.

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

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' intention to divorce voluntarily and the consensus reached on matters such as child support, property, and the delay in the handling of debts.

Article 1077:Within 30 days of the date on which the marriage registration authority receives the application for divorce registration, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage registration authority.

Within 30 days after the expiration of the period provided for in the preceding paragraph, both parties shall apply in person to the marriage registration authority for the issuance of a divorce certificate; If the application is not made, it shall be deemed that the application for divorce registration has been withdrawn.

Article 1078 Where the marriage registration authorities ascertain that the parties had indeed divorced voluntarily and had reached a consensus on matters such as child support, property, and debt disposition, they were to be registered and a divorce certificate was issued.

No. Both husband and wife must apply for divorce registration in person at the marriage registration office where their household registration is located.

Legal basis: Article 31 of the Marriage Law of the People's Republic of China: Divorce shall be granted if both the man and the woman divorce voluntarily.

Both parties must apply for divorce at the marriage registration office. A divorce certificate is issued when the marriage registration authority ascertains that the parties are indeed willing and that the issues of children and property have been properly addressed.

Divorce by mutual agreement is under the supervision of the civil affairs department. The specific marriage registration management organ in the city is the sub-district office or the civil affairs department of the municipal district or the city without districts; In the countryside, it is the people of townships, ethnic townships, and towns. Divorce by mutual agreement must go through three steps in the specific procedure: application, review and registration.

1. Application

Both men and women shall jointly go to the marriage registration authority for the place where one of the parties has permanent residence to register for divorce. Mainland residents who have registered for divorce shall present the following documents and supporting materials: their household registration booklet and identity card; Marriage certificate of the applicant; A divorce agreement signed by both parties.

Among them, the divorce agreement shall clearly state the parties' intention to divorce voluntarily and the consensus on matters such as child support, property and debt handling.

2. Review

The marriage registration organs shall review the documents and supporting materials issued by the parties to the divorce registration and inquire about the relevant circumstances. Where the parties are truly voluntarily divorced and have reached a consensus on issues such as child support, property, and debts, they shall be registered on the spot and a divorce certificate shall be issued. During the review process, it is necessary to have a comprehensive understanding of the content of the agreement, especially whether the parties' intention to request divorce is genuine, whether the support of children, help for one of the spouses' living difficulties, division of property and debt treatment are appropriate.

3. Registration

After examination, the marriage registration management authority shall register those who meet the requirements for divorce, issue a divorce certificate, and cancel the marriage certificate; If the parties do not reach a divorce agreement at the time of divorce registration, the marriage registration authority will not accept the application. Where registration is not met and the legally-prescribed requirements are not met, the reasons for not registering shall be explained in writing. The parties shall dissolve the relationship between husband and wife from the date of receipt of the divorce certificate.

If one of the parties to a divorce fails to perform its obligations in accordance with the divorce agreement, the other party may file a civil lawsuit in the people's court.