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The agreement under development is the same whether it looks like it or not.
I don't want to watch it for the time being, but I still have to watch it in the end, because this is an agreed divorce.
The so-called divorce agreement is an agreement reached by both husband and wife who recognize the rights and obligations of divorce.
Think about it, if one party doesn't know the content of the agreement, what else is it called? As a result, the agreement was not reached, and finally the lawsuit was filed and the court granted a divorce.
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If you don't see the impossible, you will definitely not sign this divorce agreement if you don't show you, and the agreement must be agreed by both parties to be valid, and the signature will be protected by law, so both parties must draw up this agreement together.
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The divorce agreement drawn up by the woman, do not let the man see it, the agreement is not effective, the divorce agreement must be confirmed and signed by both parties to take effect, not signing is a dead letter, it may be that the woman is scaring you, don't take it seriously.
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The woman's practice is not legal, the important thing in the divorce by agreement is the agreement, you can't even see the content of the agreement, then you don't want to sign it, and then sign it when you see that the agreement is agreed.
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The divorce agreement needs to be signed through friendly negotiation between both parties, how can it be signed without looking at the content, let the woman tell the content of the agreement, otherwise resolutely not sign.
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If the content of the agreement is too much, you can either not sign it, or you can sue for divorce.
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If the divorce by agreement cannot be resolved, the court will sue for the content of the divorce agreement without your consent, and the content of the divorce agreement will not have legal effect, and the legitimate rights and interests will be protected by legal means.
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If it is a divorce by agreement, then the content of the agreement must be made public, otherwise the man has the right to refuse to sign. It is best to notarize the divorce agreement through a notary public.
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If the woman drafts the divorce agreement and does not let the man see the content of the agreement, the man does not agree to sign the divorce, and if you go to the court, you can see the divorce agreement.
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This is not called a divorce agreement, the agreement is only called an agreement when it is recognized by both parties, and it is not possible only if one party agrees. Hope.
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Divorce by mutual agreement needs to be handled at the local civil affairs bureau, and the agreement requirements of both parties must be disclosed to the other party, otherwise it is impossible to divorce by agreement.
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If you can't even watch it, then you can't get a divorce, so boys don't have to worry at all.
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What is this, it is impossible to sign without looking at the agreement, and it is impossible to divorce without signing, so what is there to not let you see, and if you don't sign it, you have to see the agreement and what you can't see.
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You can't agree to a divorce, and if you want to get a divorce, you must look at the content of the agreement and the participation agreement.
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It is best to communicate with each other in advance to avoid conflicts.
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To handle a divorce, there must be a divorce agreement. He asked you to make a divorce agreement, because he felt that he owed you something, and it was up to you to make the agreement, the initiative was in your hands, and you could write whatever you thought was beneficial to yourself. Then what he disagrees with needs to be changed, and finally after the two reach an agreement, the divorce agreement can be taken to the marriage registry office to go through the divorce procedures.
Legal basis
According to article 31 of the Marriage Law, divorce is granted if both a man and a 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.
The provisions of the Marriage Law on divorce agreements are as follows:
Article 37 of the Marriage Law: After divorce, the other party shall bear part or all of the necessary living expenses and education expenses for the children raised by one party, and the amount of the expenses and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.
An agreement or judgement concerning the maintenance and education of the child shall not prevent the child from making a reasonable demand to either parent, if necessary, in excess of the amount originally agreed upon in the agreement or judgment.
Article 39 of the Marriage Law: In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; 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 of the Marriage Law: If a husband and wife agree in writing that the property acquired during the marriage 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., he or she has the right to request compensation from the other party at the time of divorce, and the other party shall make compensation.
Article 41 of the Marriage Law: At the time of divorce, the 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 of the Marriage Law: In the event of divorce, if one party is in difficulty, the other party shall provide appropriate assistance from his or her personal property such as housing. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.
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Legal analysis: If the divorce is by agreement, the woman can file a lawsuit with the court where the woman's household registration is located with the divorce agreement, ID card, household registration book and divorce certificate, and require the woman to perform the divorce agreement and protect the rights and interests of the man.
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 1077:Within 30 days from the date on which the marriage registration authority receives the application for divorce registration, if any party is unwilling to divorce, it 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 have indeed divorced voluntarily and have reached a consensus on matters such as child support, property, and debt disposition, they shall register and issue a divorce certificate.
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Legal analysis: According to the law, the divorced man and woman must reach an agreement and jointly formulate a divorce agreement. The divorce agreement is a necessary legal document for the registration of divorce, and the marriage registration authority needs to review it, and the review must be conditional on the divorce agreement being tangible and meeting the requirements of form and content, and the divorce agreement fully meets these requirements, which naturally becomes the choice of China's law.
Legal basis: 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 have gone through divorce registration shall present the following documents and supporting materials: (1) their household registration booklet and identity 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.
Article 12: In any of the following circumstances, the marriage registration authorities shall not accept the divorce if the parties to the divorce registration process have not reached a divorce agreement; (2) They are persons with no or limited capacity for civil conduct; (3) The marriage registration was not handled in Chinese mainland.
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If the divorced woman does not agree, the husband can file a divorce lawsuit with the court, and the court will decide whether to grant the divorce based on whether the relationship between the husband and wife has broken down. If the relationship between the husband and wife has broken down, the divorce will be granted. If there is no breakdown, divorce is not allowed.
Legal basis
Article 1079 of the Civil Code.
Where one of the spouses requests a divorce, the relevant organizations may conduct mediation or directly file a divorce lawsuit with the people's court.
People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.
In any of the following circumstances, if mediation fails, a divorce shall be granted:
1) bigamy or cohabitation with another person;
2) Committing domestic violence or abusing or abandoning family members;
3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;
4) Separated for two years due to emotional discord;
5) Other circumstances that lead to the breakdown of the relationship between husband and wife.
Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.
Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.
When the child becomes an adult, he or she can choose his or her own guardian.
The woman unilaterally wrote the divorce agreement and did not show it to the man, this is because the woman does not want to divorce, it is to scare the man, and the divorce agreement is not established. If the woman wants to divorce, the divorce agreement must not only be read by the man, but also signed by the man. Don't think about whether the man is tired of it, reflect on it yourself, go and save the woman's heart, and live a good life.
Negotiation and signing of the agreement are sufficient.
Refer to the Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by People's Courts 15After the divorce, if one party requests a change in the child support relationship, or if the child requests an increase in child support, a separate lawsuit shall be filed. >>>More
The divorce agreement shall be jointly written by both parties after reaching a consensus on child support, division of property, and so forth, based on the actual circumstances. >>>More
The fact that the husband's parents are not the bearers of the primary maintenance is unjustified and unreasonable. If there is a surviving parent, maintenance must be borne by the parent. As long as the court makes a judgment, the judgment must be fulfilled, but the man is unable to pay, and it is difficult for the court to enforce it, so there is no choice but to owe or not pay child support. >>>More