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How to Make the Court Enforce the Divorce Agreement

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How to Make the Court Enforce the Divorce Agreement


        

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  • 2024-06-22 03:00:49

    The divorce agreement cannot be used as the basis for the court's compulsory execution, and cannot directly apply for compulsory execution. It is necessary to first bring a lawsuit to the court to determine that the divorce agreement is legal and valid, and the party who has the obligation to perform according to the law should bear the responsibility. Only after there is a clear and effective judgment or mediation statement can you apply to the court for enforcement. At present, the executive organ of the court only implements the following effective legal instruments:
    1. Civil and administrative judgments, rulings, mediation statements, payment orders, and civil judgments, rulings, and mediation statements incidental to criminal cases by the people's courts; 2. Administrative penalty decisions and administrative handling decisions that should be executed by the people's courts according to law; 3. Arbitration awards and mediation statements made by arbitration institutions in China; 4. Claims for debt recovery that the notary authorities have legally given enforcement effect The creditor's right document of the goods, etc. Therefore, the divorce agreement can not be directly applied to the court for enforcement. It needs to be sued to the court through the court, and then applied for enforcement after judgment or mediation by the court.
    Article 8 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (II)
    The provisions in the 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 for a dispute over the performance of the above.

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