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Does the law of divorce by agreement take effect

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Does the law of divorce by agreement take effect


        

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  • 2024-06-21 23:00:58

    The legal basis is the judicial interpretation of the Marriage Law II
    Article 8 The provisions on the division of property in a divorce agreement or the agreement reached by the parties on the division of property due to divorce shall be legally binding on both men and women. The people's court shall accept a lawsuit brought by a party due to a dispute over the performance of the above property division agreement.
    Article 9 The people's court shall accept a case where both men and women, within one year after divorce by agreement, renege on the issue of property division and request to change or cancel the property division agreement.
    After the trial, if the people's court finds no fraud, coercion or other circumstances when concluding the property division agreement, it shall reject the litigant's claims according to law.
    If it is signed before divorce or during the marriage, and one party no longer recognizes the agreement at the time of divorce, it is invalid.

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