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This kind of guarantee has no legal effect. There is no such thing as a fake divorce in our country, as long as both parties have gone through the divorce registration procedures, then the result of the divorce between the two parties cannot be changed. Because, the divorce certificate is the divorce certificate of both parties.
The divorce certificate is a legal document for the legal dissolution of the relationship between the husband and the woman, and the date of termination of the relationship between the husband and wife is when the divorce certificate is obtained.
At the same time, according to the "Marriage Law" and relevant judicial interpretations, if a man and a woman repent on the issue of property division within one year after the divorce by agreement, and request to modify or revoke the property division agreement, the people's court shall accept it. Where, after trial, the people's court does not discover that there was fraud or coercion at the time of entering into the property division agreement, it shall reject the parties' litigation claims in accordance with law.
That is, if the parties divorce by mutual agreement and reach an agreement on the division of property, if the division agreement is reversed and it is believed that there are circumstances such as fraud or coercion that affect the true expression of intent, they may file a request within one year after the divorce by agreement, and may request the people's court to modify or revoke the divorce agreement.
A letter of guarantee can be used as a commitment by the other party to a future marriage.
Warranties are not legally recognized. A letter of guarantee can only be used as a private marriage contract between the parties and can be seen as a promise by one party to the other. If the other person sincerely wants to save the marriage, it is acceptable as a form of repentance and a written promise.
The most important thing is to look at the sincerity of the other party.
It's also a good thing if you have the confidence to trust the other person's promises. If you feel that the other party cannot fulfill your promise compared to your usual performance, this guarantee will not have any meaning. It depends mainly on the level of trust between the parties, and the law does not interfere.
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As long as you are divorced, getting the divorce certificate is a real divorce, how can there be a fake divorce. Your pledge is invalid. Not protected by the law, that's just a letter of commitment signed by you and him, and you have been deceived.
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What is a sham divorce? Only the divorce procedure is a de facto divorce, and such a promise is invalid.
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This question, after a fake divorce, it is generally useless for the man to write a letter of commitment that he will not look for again, unless you have a legal efficiency in notarization, otherwise there is no legal basis for this letter of commitment.
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Such an undertaking is null and void. Because the two of you discussed a fake divorce. But there are real divorce procedures.
Once the divorce certificate is obtained, it is considered a valid divorce. If one of the parties remarries. That's legal too.
So go in three or four. Marriage is not child's play. Don't gamble on marriage.
In the end, he lost the marriage.
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In general, what is false is actually true. Once you go through the divorce process, it's hard to fix it. So this kind of joke can't be made. If you get divorced, you will have evidence of divorce. What is fake becomes real. It's useless if you leave a letter of commitment.
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Summary. Hello dear! We'll be happy to answer for you; This kind of fake divorce commitment has no legal effect, and the clause in the divorce commitment involving the personal relationship between the husband and wife is invalid.
Fake divorce is usually a temporary divorce between a man and a woman in order to avoid marital debts, and then go through the remarriage procedures after the debt problem is resolved. In this case, the divorce agreement is not a true expression of the intention of the man and the woman, but an agreement made for illegal purposes such as escaping debts, which is invalid and not legally binding according to the law. After being verified and discovered by the relevant authorities, the divorce is invalid.
Hello dear! We'll be happy to answer for you; This kind of fake divorce commitment has no legal effect, and He Qizhi knows that the clause in the divorce commitment involving the personal relationship between husband and wife is invalid. Fake divorce is usually a temporary divorce between a man and a woman in order to avoid marital debts, and then go through the remarriage procedures after the debt problem is resolved.
In this case, the divorce agreement is not an expression of the true intention of the man and the woman, but an agreement entered into for illegal purposes such as escaping debts, which is invalid and not legally binding according to the provisions of the law. After being verified and discovered by the relevant authorities, the divorce is invalid.
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 at the marriage registration authority in person. 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.
There are many cases of fake divorce that will turn into a real divorce after a long time, and is it valid for both husband and wife to write a letter of commitment.
Dear, this kind of commitment has no legal effect, and it is only valid if the divorce is registered.
I have several properties with the name of my wife written in my wife's name, and if it takes a long time, it may become a divorce, and in what way can the husband and wife belong to the joint property.
It is a constraint that belongs to both husband and wife.
It belongs to the joint property between the husband and wife of Qianhe, and it can be divided jointly after divorce. As for the fake divorce pledge, it has no legal effect. It can only be agreed upon after the divorce to distribute the property of Cai Hui Wang.
Because I'm a black family, I can't get my name on it, so what should I do?
Dear, you can only maintain a marital relationship with your wife, otherwise even if you divorce, your property will be frozen.
Is there a way to restrain your wife?
There is no way to restrain the pro, and the wife.
Is it valid to ask your wife to write a letter of commitment?
Dear, this kind of commitment has no legal effect.
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In the case of divorce, the guarantee written by the husband is valid. However, the following requirements must be met:
1. The letter of guarantee can reflect the true intention of the parties;
2. The content and form shall not violate the laws and regulations;
3. Both parties have the corresponding capacity for civil conduct;
4. Other requirements.
[Legal basis].Article 143 of the Civil Code of the People's Republic of China.
Civil juristic acts that meet the following conditions are valid:
1) The perpetrator has the corresponding capacity for civil conduct;
2) The meaning is genuine;
3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.
Article 470.
The content of the contract is agreed upon by the parties and generally includes the following clauses:
1) The names and addresses of the parties;
b) the subject matter; iii) quantity;
iv) Quality; 5) Price or remuneration;
6) the period, place and method of performance;
7) Liability for breach of contract;
8) Methods of Dispute Resolution.
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Legal Analysis: If the letter of guarantee is an expression of the true intentions of both parties, the content is voluntarily reached by both parties after consultation, there is no fraud or coercion, and the internal guarantee complies with the provisions of the law, and there is no illegal agreement restricting personal rights, the guarantee is given.
The letter is valid after the divorce, and the guarantee is invalid.
Legal basis: Article 150 of the Civil Code of the People's Republic of China: Where one party or a third party uses coercion to cause the other party to carry out a civil juristic act contrary to its true intentions, the coerced party has the right to request the people's court or arbitration institution to revoke it.
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The content of the guarantee does not violate the mandatory provisions of laws and regulations, does not violate public order and good customs, conforms to the true wishes of the signatory, and the signatory is a person with full capacity for civil conduct, and the guarantee is legal and valid.
1. Is the handwritten property agreement of the divorced couple valid?
The handwriting of the prenuptial property agreement of the divorced couple meets certain conditions to be valid, mainly including: the person who signed the agreement has the corresponding civil capacity; The husband and wife entered into the agreement as a genuine expression of intent; The content of the signed agreement does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.
2. What is the role of the letter of guarantee for divorce?
It will play a evidentiary role in divorce proceedings. There are 3 conditions that must be met for a marriage guarantee to be legally valid:
1) Both parties have full capacity for civil conduct, their intentions are genuine, and the agreement does not harm the public interest and the interests of a third party;
2) The content of the guarantee does not violate the relevant provisions of laws and regulations;
3) The contents of the guarantee do not violate the principles of public order and good morals.
3. Whether the premarital property division guarantee is valid.
The prenuptial property division guarantee is valid. As long as the content of the letter of guarantee of the husband and wife does not violate the mandatory provisions of laws and administrative regulations, does not infringe upon the interests of others, the intention of both parties is true, does not violate public order and good customs, and the husband and wife have the corresponding capacity for civil conduct, the letter of guarantee shall be legally valid if it is signed and confirmed by both parties when signing the letter of guarantee, and the date of signing is indicated.
Article 143 of the Civil Code of the People's Republic of China is valid for a civil juristic act that meets the following conditions: (1) the actor has the corresponding capacity for civil conduct; 2) The meaning is genuine; 3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.
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Legal analysis: The content of the guarantee does not violate the mandatory provisions of laws and regulations, does not violate public order and good customs, and conforms to the true wishes of the signatory, and the signatory is a person with full capacity for civil conduct, and the guarantee is legal and valid.
Basis of the Law of the People's Republic of China: Article 143 of the Civil Code of the People's Republic of China The civil law is valid if the following conditions are met: (1) the actor has the corresponding capacity for civil conduct; 2) The meaning is genuine; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.
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OK. The man is deliberately bad.
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