At the time of divorce, the agreement made during the duration of marriage is valid, and the divorce agreement signed at the time of divorce has legal effect. The agreement between the husband and wife, as long as it is in accordance with the law, is the expression of the true intention of both parties, and is in written form, and has legal effect.
According to the provisions of Article 1065 of the Civil Code, both men and women can agree that the property acquired during the marriage relationship and the premarital property shall belong to their own ownership, joint ownership, or part of their own ownership, part of their joint ownership. The agreement shall be in writing. In the absence of an agreement or unclear agreement, the provisions of Articles 1062 and 1063 of this Law shall apply. The agreement made by the husband and wife on the property acquired during the marriage relationship and the pre marital property shall be legally binding on both parties.
[Legal Basis]
Article 1076 of the Civil Code states that 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.