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Is the divorce agreement under fraud and coercion effective

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Is the divorce agreement under fraud and coercion effective


        

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  • 2024-06-10 23:00:47

    Divorce agreements with fraud coercion may not be effective.

    If the marriage registration authority finds that there is fraud coercion and stops the divorce registration, the agreement is invalid. If the husband and wife bring a lawsuit to the people's court after they agree to divorce and request the cancellation of the property division agreement, the property division agreement is invalid. If the parties do not make claims within the time limit, the property agreement becomes effective.

    If the husband and wife find that the divorce agreement is fraudulently coerced after they reach an agreement on divorce, they can file a lawsuit with the people's court to request the cancellation of the property division agreement.

    Legal basis:

    Article 69 of the Interpretation of the Supreme People's Court on the Application of the Marriage and Family Part of the Civil Code of the People's Republic of China (I), if the parties reach an agreement on the disposition of property and debts on the condition of divorce by agreement or mediation in the people's court, if the divorce between the two parties fails and one party reneges in the divorce proceedings, The people's court shall determine that the property and debt disposal agreement has not come into force, and make a judgment according to the actual situation in accordance with the provisions of Articles 1087 and 1089 of the Civil Code.

    The provisions on property and debt disposal in the divorce agreement signed by the parties in accordance with Article 1076 of the Civil Code are legally binding on both men and women. The people's court shall accept a lawsuit brought by a party for a dispute over the performance of the above agreement after the divorce is registered.

    Article 70 of the Interpretation of the Supreme People's Court on the Application of the Marriage and Family Part of the Civil Code of the People's Republic of China (I), if the husband and wife renege on the issue of property division after divorce by agreement and request to cancel the property division agreement, the people's court shall accept it.

    After the trial, if the people's court finds no fraud, coercion or other circumstances when concluding the property division agreement, it shall dismiss the litigant's claims according to law.

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