According to Article 14 of Interpretation 3 of the Marriage Law, the property division agreement with conditions for divorce by agreement does not come into force when both parties sign it, but takes the divorce by agreement of both parties as the effective element. In the case that both parties fail to register the divorce in the marriage registration authority or divorce by agreement of the court, the divorce agreement does not come into force and is not legally binding on both parties, It cannot be used as the direct basis for the court to deal with divorce cases. The court should divide the joint property of husband and wife according to the actual situation.
 Mr. Wang and Miss Li registered their marriage in July, and their feelings after marriage were ordinary. In the past two years, although they have children, they often quarrel about trivial matters. The couple even began to sleep in separate rooms. In March, Mr. Wang filed for divorce, and Miss Li also agreed. However, the two parties had not yet settled the divorce conditions and had not gone through the formalities. Mr. Wang's mother was hospitalized for medical reasons, which delayed the matter.
 Since then, the relationship between husband and wife has not improved. The two sides still had disputes over minor matters for many times, and the quarrel also turned into a fight, which was handled by the police station. In July, the two parties signed a divorce agreement and went to the marriage registration office of the Civil Affairs Bureau to agree on divorce. However, when the divorce happened, the couple fought again and finally signed the agreement. As the two parties failed to register for divorce, Miss Li filed a lawsuit to the court to ask for divorce from Mr. Wang. The specific conditions for divorce were handled according to the divorce agreement. However, Mr. Wang believes that the agreement on the disposal of property can only be established under the condition of divorce agreement. Now, the divorce proceedings require a new discussion on the division of property.
 If the couple's feelings are not harmonious and there is no possibility of reconciliation, the court will grant Mr. Wang and Miss Li a divorce according to law. Miss Li requested that the issue of property division be handled in accordance with the divorce agreement reached by both parties. Since the agreement is based on the premise of divorce by agreement, in the case that both parties failed to reach an agreement on divorce in the marriage registration authority, the agreement did not take effect and was not legally binding on both parties. The agreement could not be used as a direct basis for the court to handle the issue of property division. If a divorce is requested, the property will be re divided according to law.