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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.
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The woman unilaterally wrote a divorce agreement and did not show it to the man, and the agreement was not established. It shows that the woman doesn't want to divorce either, but just scares the man. If the woman wants to divorce, the divorce agreement must be agreed by both parties, and then both the man and the woman must sign it before the divorce can be granted.
The man should not guess what is wrong with this, communicate well with the woman, be able to live well, or be together.
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No matter who writes the divorce agreement, both parties need to sign it and go to the Civil Affairs Bureau to handle the divorce in the end, otherwise it will not have legal effect and will not be able to divorce. Therefore, the agreement written by the woman is just for her own look, and the man who is playing does not have to rest assured, but the man reflects on how he did not do a good job to make his wife have the idea of divorce, and it will be true in the future if it is fake today.
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It is invalid to write a divorce agreement and not show it to the man for signature, and the divorce agreement is a matter between you and your husband and wife.
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The woman unilaterally writes the divorce agreement and does not show it to the man. It's useless to get tired of it. This is because the divorce agreement must be signed and sealed by both the man and the woman and brought to the marriage registry office. If one party doesn't see the agreement, it's impossible not to sign it.
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Regardless of whether it is greasy or not, if you don't show it to the man, and without the man's consent, this agreement is not valid.
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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: 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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Legal analysis: The divorce agreement can be written by one of the husband and wife, or it can be negotiated by both parties, but no matter who writes it, it needs to be signed by both parties for confirmation. Because the divorce agreement is binding on both the man and the woman, it can be regarded as a type of contract, and since it is binding on both parties, both parties need to sign and approve the content.
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 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.
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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