What to do if the other party repents after signing the divorce agreement

Legal analysis: If the other party repents after signing the divorce agreement, it can be handled through negotiation with the other party first, and if the negotiation fails, a lawsuit can be filed with the court and the court will make a judgment.

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' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Article 1084:The relationship between parents and children is not extinguished by the divorce of the parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother.

After divorce, parents still have the right and obligation to raise, educate and protect their children. In the event of a divorce, children under the age of two shall be raised directly by their mothers. For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child.

Where children have reached the age of 8, their true wishes shall be respected.

Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party. The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

After the divorce is registered, the parties have no objection to the dissolution of the marriage itself, but they repented on the issue of property division and requested that the agreement on property division be changed or revoked. In this regard, the parties may file a lawsuit with the people's court, and the court shall accept it. Legal basis:

Civil Code of the People's Republic of China Article 1092 Where one of the husband and wife conceals, transfers, sells, destroys, or squanders the joint property of the husband and wife, or falsifies the joint debts of the husband and wife in an attempt to encroach on the property of the other party, when the joint property of the husband and wife is divided in divorce, the other party may receive a small or no share. After the divorce, if the other party discovers that he or she has committed any of the above-mentioned acts, he or she may file a lawsuit with the people's court to request that the joint property of the husband and wife be divided again.

1. The clauses on the division of property in the divorce agreement or the agreement reached by the parties on the division of property due to divorce are legally binding on both men and women.

Where a dispute arises between the parties arising from the performance of the above-mentioned property division agreement, the people's court shall accept it.

2. Where a man and a woman repent on the issue of property division 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, coercion, or other circumstances in the conclusion of the property division agreement, it shall reject the parties' litigation claims in accordance with law.

3. Accordingly, if the divorce is by agreement and the divorce procedures have been completed, neither party can repent. However, if any party to the agreement has a dispute over the performance of the agreement and files a lawsuit with the court within one year, the court shall accept it, but if it is ascertained that there is no fraud or coercion in the process of concluding the agreement, the court shall reject the plaintiff's claim; If the lawsuit is brought to court after one year, the court will not accept it.

4. Where a man and a woman repent on the issue of property division within one year of the divorce by mutual agreement, and request to modify or revoke the property division agreement, the people's court shall accept it. However, if the people's court does not discover that there was fraud or threats at the time of entering into the property division agreement, after trial, it shall reject the parties' litigation claims in accordance with law. The parties' divorce agreement or the people's court's judgment, ruling, or mediation document have already dealt with the issue of the division of marital property.

Creditors still have the right to claim rights against both men and women in respect of joint debts. Where, after one party has jointly and severally paid off the joint debts, claims recovery from the other party based on the divorce agreement or the legal documents of the people's court, the people's court shall support it. If a party knows or should know about the existence and actual possession of the property but does not make a request for division, it shall be deemed that he acquiesces in the other party's ownership of the property and waives the demand for division.

5. The property division agreement voluntarily signed by both parties at the time of registration of divorce shall be binding on both parties. However, under certain conditions, it is possible to file a lawsuit for repartitioning.

6. Where a man and a woman repent on the issue of property division within one year after the divorce by mutual agreement, and request to modify or revoke the property division agreement, the people's court will accept it. However, if the people's court finds that there was no fraud or coercion in the conclusion of the property division agreement, the people's court will reject the litigation claims of the parties in accordance with law.

7. If the parties reach an agreement on the division of property on the condition of registering the divorce or going to the people's court to agree on the divorce, if the divorce is not reached by mutual agreement and one party repents in the divorce proceedings, the people's court shall find that the property division agreement has not taken effect, and divide the joint property of the husband and wife according to the actual situation in accordance with the law.

If both parties have not gone to the Civil Affairs Bureau to apply for divorce registration and the divorce agreement has not yet taken effect, it is up to both parties to negotiate. If the divorce registration formalities have already been completed, the parties may file a lawsuit with the people's court to request a new division, but the property division can only be redivided if there is fraud or coercion at the time of entering into the property division agreement.

Legal basis] Article 69 of the Supreme People's Court's Interpretation (1) on the Application of the Marriage and Family Section.

If 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, 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 on the basis of the actual circumstances.

The clauses in the divorce agreement signed by the parties in accordance with Article 1076 of the Civil Code on the lenient treatment 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.

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