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How to write the compensation for divorce agreement

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How to write the compensation for divorce agreement


        

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  • 2024-06-09 22:00:03

    The compensation in the divorce agreement is the money given by one party to the other party to balance the interests of both parties. When concluding the agreement, the following contents can be written: 1. The names, genders, birth dates, ID card numbers, addresses and other personal information of both parties; 2. The statement that both parties have reached an agreement on divorce, and the status of marriage; 3. Treatment of child custody; 4. Division of common property; 5. The enjoyment of joint claims and debts and the liability to pay off them; 6. Reasons for compensation, time requirements for compensation, amount, nature and payment method;
    7. Liability for breach of agreement.
    8. Signatures of both parties and signing date.
    At the time of divorce, if one of the husband and wife bears more obligations due to raising children, caring for the elderly, assisting the other party in work, etc., the other party shall make compensation.
    Legal basis:
    Article 1076 of the Civil Code of the People's Republic of China
    If the couple 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.
    Article 1078 of the Civil Code of the People's Republic of China
    If the marriage registration authority finds out that both parties are indeed willing to divorce, and that they have reached consensus on matters such as child rearing, property and debt handling, it shall register and issue a divorce certificate.
    Article 1088 of the Civil Code of the People's Republic of China
    If one spouse bears more obligations due to raising children, caring for the elderly, assisting the other in work, etc., he or she has the right to request compensation from the other party at the time of divorce, and the other party shall make compensation. The specific measures shall be agreed by both parties; If the agreement fails, the people's court shall make a judgment.

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