In case of divorce, the agreement is valid; If there is no divorce, the agreement cannot take effect. In other words, the "agreement" in the divorce agreement is conditional, that is, the "divorce" is the effective condition. Divorce agreement refers to the declaration of common intention reached by both parties on divorce, how to deal with the property after divorce, who will bring up the children and other related issues. Among them, the agreement on child rearing and property division can only take effect after both parties dissolve the marriage relationship.
 Article 5 of the Civil Code [Principle of voluntariness] Civil subjects engaged in civil activities shall follow the principle of voluntariness and establish, change and terminate civil legal relations according to their own will.
 Article 6 [The principle of fairness] When engaging in civil activities, civil subjects shall follow the principle of fairness and reasonably determine the rights and obligations of each party.