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How to avoid redistribution of property after divorce by agreement

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How to avoid redistribution of property after divorce by agreement


        

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  • 2024-06-26 22:00:01

    1. Ask professional divorce lawyers to draft a draft. Many parties directly download the template online for simple modification based on privacy, attorney fees and other considerations. It is also possible to do this for divorce with small amount of property and little dispute, but for divorce cases involving real estate, company shares and disputed property of more than 500000 yuan, It is better to ask a professional divorce lawyer to draft it.
    2. When the amount of property is large, the Property Division Agreement can be formulated separately. In the property division agreement, the name (property, stock, shares, deposits, vehicles), quantity, value, ownership, etc. of the property can be specified in detail, and the agreed time and place of transfer that needs to be handled, liability for breach of contract for overdue handling, dispute resolution, etc, Fully protect the legitimate rights and interests of the parties.
    3. Specify the effective terms and property liability for breach of contract terms, special declaration terms
    4. The notarization of the Divorce Agreement or the notarization of the Divorce Agreement by lawyers entrusted by both parties mainly involves the property division department, and the part involving the divorce intention, child rearing and other aspects of identity generally does not belong to the scope of notarization. The content of the notarial office certification is mostly that both parties sign in front of the notary to prove the authenticity of the signing behavior, and the notarization of the divorce agreement needs to submit the corresponding materials.
    5. After signing the divorce agreement, you can go to the court for pre litigation mediation. The advantage of this is that after the court issues the mediation agreement, when one party fails to perform its obligations, you can directly apply for compulsory execution. According to the interpretation of the Supreme People's Court on some issues concerning the application of the Marriage Law of the People's Republic of China
    (2) The relevant content in: "The people's court should accept the case that both men and women renege on the issue of property division within one year after the divorce agreement, and request to change or revoke the property division agreement." The joint property of husband and wife includes but is not limited to the following types of property: bank deposits (including capital, operating income, housing subsidies, housing provident fund, pension insurance, bankruptcy settlement fees) Cash, real estate, motor vehicles, stocks, corporate equity, bonds, intellectual property income, creditor's rights, valuable calligraphy and painting, various gold ornaments and furniture, household appliances and facilities, etc. Note: The following property is not the joint property of husband and wife, but the personal property of one party:
    1. Medical expenses and living allowance for the disabled received by one party due to physical injury;
    2. Casualty insurance benefits, disability subsidies, medical and living subsidies for servicemen.

    Li***

    2024-06-26 22:00:01

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