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If the parties do not perform the divorce agreement, they cannot directly apply to the court for enforcement, but must first file a lawsuit, and after the court's mediation or judgment, the defendant still fails to perform before they can apply for enforcement.

Article 31 of the "Marriage Law of the People's Republic of China" Where a man and a woman divorce voluntarily, divorce shall be granted. 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.

Article 33 The spouse of a serviceman on active duty who requests a divorce must obtain the consent of the serviceman, except where one of the servicemen is seriously at fault. Article 34: The man shall not file for divorce during the woman's pregnancy, within one year after giving birth, or within six months after the termination of pregnancy. This restriction does not apply if the woman files for divorce, or where the people's court deems it truly necessary to accept the husband's request for divorce.

Article 39: At the time of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman. The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

Article 40: Where husband and wife agree in writing that property acquired during the existence of the marital relationship shall belong to each other, and one party has paid more obligations for raising children, taking care of the elderly, assisting the other party in work, etc., they have the right to request compensation from the other party at the time of divorce, and the other party shall make compensation.

Article 41: At the time of divorce, debts originally incurred by the husband and wife while living together shall be repaid jointly. If the joint property is insufficient to be repaid, or the property is owned by each other, it shall be repaid by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment.

Article 42 At the time of divorce, if one party is in difficulty, the other party shall give appropriate assistance from his or her housing and other personal property. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

(1) The subject of divorce can only be the husband and wife, and the intention of the parties must be reflected in the divorce act. For administrative divorce, both parties must go to the marriage registration authority in person to express their intention to apply for divorce; In the case of divorce by litigation, even if the parties have a litigant, they shall still appear in court, except where they cannot express their will. If a party is unable to appear in court due to special circumstances, it must submit a written opinion to the court to express his or her wishes.

2) Divorce is an act of dissolution of marriage, and the precondition for this is that both parties must have a marital relationship.

3) Divorce must comply with the conditions and procedures prescribed by law.

4) Divorce must go through litigation procedures, but the parties may reach an agreement in advance on their divorce and various matters after the divorce, which shall be approved by the court. The vast majority of the parties (about more than 95 per cent) take the prior agreement approach rather than the judge's decision.