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There is no breakup agreement in law, only a divorce agreement, and there is no need to write any agreement in the case of separation. In view of your situation, it is better to consult a lawyer first, in case the other party transfers the property, it will be difficult to do it.
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How to write the divorce agreement shop is as follows:
Male: , Male, Han nationality, YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY
Woman: , female, Han nationality, year, month and day, ID number:
The man and the woman met on the date of the year, registered their marriage on the date of the year, and gave birth to a son on the date of the marriage, named . Due to the disagreement of the personalities, the relationship between the husband and wife has broken down, and there is no possibility of reconciliation, and the husband and wife have reached an agreement through voluntary negotiation and entered into a divorce agreement as follows:
1. Divorce of both men and women is voluntary.
2. Child support, child support and visitation rights:
The son is raised by the man and lives with the man, and the husband is fully responsible for the maintenance expenses;
The woman may visit the child raised by the man without affecting the child's study and life. (The woman may visit her son at least once a month, but the husband should be informed in advance, and the man should ensure that the woman's visit is not less than one day per month.) )
3. Disposal of joint property of husband and wife:
1. Deposit: The existing bank deposits under the names of both parties are totaling RMB, and each side is divided into half of RMB. Distribution method: the deposit in their respective names remains unchanged, 4. Other property: before marriage, the property of each party belongs to each other, and the private daily necessities and jewelry of both men and women belong to each of them (with a list).
4. Handling of debts:
The parties have confirmed that they have not incurred any joint debts during the marriage.
5. Liability of one party for concealing or transferring the joint property of the husband and wife:
The parties acknowledge that the joint property of the husband and wife is clearly stated in Article 3 above. Except for the above-mentioned houses, furniture, household appliances and bank deposits, there is no other property, and either party shall guarantee the authenticity of all the joint property of the marriage listed above.
The division of property in this agreement is based on the property listed above. Neither party shall conceal, falsely declare, or transfer marital or pre-marital property. If either party conceals or falsely declares any property other than the property listed above, or transfers or evades property within two years prior to the signing of this Agreement, the other party has the right to obtain all the shares of the property concealed, falsely reported or transferred by the other party after discovery, and pursues its legal responsibility for concealing, misrepresenting or transferring property, and the party who has falsely declared, transferred or concealed has no right to divide the property.
6. Agreement on liability for breach of contract:
If either party fails to perform the payment obligation within the time limit agreed in this agreement, it shall pay liquidated damages of 8 yuan to the other party (liquidated damages shall be paid monthly).
7. Agreement on the effective time of the agreement:
This Agreement shall be made in triplicate, effective from the date of issuance of the Divorce Certificate by the marriage registration machine, with one copy for each man and one for each woman, and one copy for file with the marriage registration authority.
8. If a dispute arises during the implementation of this agreement after it comes into effect, the two parties shall settle it through negotiation, and if the negotiation fails, either party may file a lawsuit with the Municipal People's Court.
Male: Female:
Signature: Signature:
YYYYYYYYYYYYYYYYYYYYYYYYYYYYY
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The division of the shop purchased jointly in the divorce: first handled by the agreement of both parties; If an agreement is not reached, the people's court shall, on the basis of the specific circumstances of the property, make a judgment in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party. Where one of the spouses bears more obligations due to 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 give compensation by defense.
[Legal basis].Article 1087 of the Civil Code.
In the event of a divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If the agreement fails, the people hereby refer to the court to make a judgment in accordance with the principle of taking care of the rights and interests of the children, the woman and the innocent party according to the specific circumstances of the property.
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 1088.
If one of the spouses bears more obligations due to 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 give compensation. 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: The divorce agreement states the location of the store, the value of the store and the method of division. The divorce agreement shall be jointly written by both parties after reaching a consensus on child support and property division based on the actual situation.
The agreement shall be in triplicate, one for each man and woman, and one for the first organ. Whoever, in accordance with the relevant laws and regulations of our country, 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 dividing the joint property of the husband and wife in divorce, the other party may receive a small share 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.
Legal basis: Article 70 of the Civil Code of the People's Republic of China: Where the wife repents on the issue of property division after the divorce by agreement and requests to revoke the property division agreement, the people's court shall accept it. If, after trial, the people's court does not discover that there was fraud or coercion in the conclusion of the property division agreement, it shall reject the parties' litigation claims in accordance with law.
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1. How to write an agreement in a divorce letter.
1. The way to write an agreement for divorce is as follows:
1) Clearly state that the divorce is an expression of the true intention of both parties;
2) Clearly state the opinions on the division of property, child support, and debts;
2) Stating the facts and reasons for the divorce. At the same time, the divorce agreement must not harm the interests of others. Then go to the marriage registration office to register the divorce, and the divorce agreement can take effect.
2. Legal basis: Article 1076 of the Civil Code of the People's Republic of China.
Where 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.
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 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.
2. How to go through the divorce process.
1. If the parties voluntarily divorce, both parties must apply for divorce registration in person at the marriage registration authority where one of the parties is located;
2. The following documents and certificates shall be provided to you;
3. Examination by the marriage registration authority.
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The divorce agreement should clearly state the identity information of both parties, and clearly stipulate the support of children and the division of property. The divorce agreement is an agreement that both parties need to submit and file with the Civil Affairs Bureau when they go to the Civil Affairs Bureau to obtain the divorce certificate, and this agreement is generally in triplicate, with one copy for each man and woman, and one copy for the record retained by the Civil Affairs Bureau. The divorce agreement must clearly record or stipulate the identity information of both parties, property situation (the location of the house, the specific amount of property, the specific distribution method of property), the ownership of child custody, the payment of child support, the current status of claims and debts, and the subject of claims and debts. In addition, the husband and wife may also agree on compensation or the terms of compensation, as long as the parties agree on it and do not violate the mandatory provisions of the law.
In addition, it is recommended to indicate in the divorce agreement as much as possible that the debt that both parties know is xx million yuan, and if there is a debt that exceeds this amount, then the party who incurs the debt shall bear the repayment obligation. However, the provisions in the divorce agreement can only bind the husband and wife, and cannot be used against a bona fide third party. [Legal basis].
Article 40 of the Marriage Law of the People's Republic of China Where a husband and wife agree in writing that the 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., 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 of the People's Republic of China" provides that in the event of a 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 of the People's Republic of China In the event of a divorce, if one party is in difficulty, the other party shall give 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.
Sample divorce agreement.
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The divorce agreement should clearly state the identity information of both parties, and clearly stipulate the support of children and the division of property. The divorce agreement is an agreement that both parties need to submit and file with the Civil Affairs Bureau when they go to the Civil Affairs Bureau to obtain the divorce certificate, and this agreement is generally in triplicate, with one copy for each man and woman, and one copy for the record retained by the Civil Affairs Bureau. The divorce agreement must clearly record or stipulate the identity information of both parties, property situation (the location of the house, the specific amount of property, the specific distribution method of property), the ownership of child custody, the payment of child support, the current status of claims and debts, and the subject of claims and debts. In addition, the husband and wife may also agree on compensation or the terms of compensation, as long as the parties agree on it and do not violate the mandatory provisions of the law. >>>More