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Does signing a divorce agreement count as divorce

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Does signing a divorce agreement count as divorce


        

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  • 2024-06-19 15:00:56

    No, in addition to the agreement of the two parties, the dissolution of the marriage relationship also requires the divorce registration and issuance of divorce certificates in the marriage registration authority. The divorce agreement is not an ordinary contractual relationship, but a special agreement involving personal relations. Therefore, the effectiveness of the divorce agreement requires not only the effective elements of the general agreement, but also the specific formal element of the record registration of the marriage registration authority to produce legal effect.

    According to the provisions of Article 1076 of the Civil Code of China, divorce is granted if both men and women voluntarily divorce. In addition to signing a divorce agreement, both parties must also 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. Therefore, after the couple signed the divorce agreement, they need to go to the marriage registration authority for divorce registration to dissolve the marriage relationship. It should be reminded that only after the divorce agreement has been signed, the two parties have not gone through the divorce registration and the signed divorce agreement has not become effective. Once the two parties fail to reach an agreement on divorce, and one party reneges in the divorce proceedings, the court will divide the common property according to the actual situation. The above is my answer to this question. I hope it will be helpful to you. Thank you. complete.

    Legal basis:

    Article 1076 of the Civil Code: If the husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office. The divorce agreement shall specify the intention of both parties to divorce voluntarily and the consensus on matters such as child rearing, property and debt handling.

    y***

    2024-06-19 15:00:56

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