Enquiring knowledgeable people Inquisitive education Hospital Treasury

Does the divorce agreement have legal effect without notarization

home page

Does the divorce agreement have legal effect without notarization


        

Submit answer
Favorable reply
  • 2024-06-27 09:00:56

    The divorce agreement does not need to be notarized. After divorce registration, the divorce agreement has legal effect.
    The divorce agreement is the agreement reached by both parties on property issues and child rearing issues when they dissolve the marriage relationship. According to the relevant laws of the Marriage Law, the divorce agreement takes effect after both parties have gone through the divorce registration procedures, that is to say, going through the divorce registration and obtaining the divorce certificate is the prerequisite for the effectiveness of the divorce agreement. Therefore, if only the two parties signed the divorce agreement without going through the divorce procedures, it does not produce the legal effect of divorce, and the divorce agreement is also invalid; Even if the divorce agreement is notarized, the divorce agreement will not be effective.
    The notarization of divorce agreement is an activity in which the notary organ legally certifies the authenticity and legality of the agreement signed by the husband and wife on child rearing, property disposal and other matters in order to dissolve the marriage relationship. The notarization of divorce agreement is not to prove the dissolution of the marriage relationship, but to prove the authenticity and legitimacy of the agreement signed by both parties on divorce agreement, child rearing, property division and other issues in order to dissolve the marriage relationship. The divorce agreement must take effect from the date when the marriage registration authority issues the Divorce Certificate.
    Legal basis:
    Article 31 of the Marriage Law of the People's Republic of China
    [Voluntary divorce] Divorce is granted if both men and women divorce voluntarily. Both parties must apply for divorce at the marriage registration office. The marriage registration authority shall issue a divorce certificate when it finds out that both parties are indeed willing and have properly dealt with children and property issues.

Related recommendations

Loading
Latest Q&A Recommendation Hot topics Hot spot recommendation
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
return
Top
help opinion
feedback

Confirm to report this problem

Reason for reporting (required):