The validity of the property division agreement is reflected in two aspects: the agreement of both parties is confirmed by law, both parties should fully perform the content of the agreement, and the requirements of "performance" are fully applicable to the provisions of the contract law on performance.
However, it is worth noting that the property division agreement is not enforceable. This is different from the mediation statement formed in the divorce proceedings. Although the content of the property disposal in the mediation statement is also the result of the parties' consensus, this agreement is conducted under the auspices of the judge, and the legality of its content has been subject to judicial review. Therefore, the property disposal part of the mediation statement has the force of enforcement. The property division agreement is different. The law does not give the marriage registration authority the authority to review the legality of the content of the property division agreement. The marriage registration authority only reviews in form. Due to the absence of judicial review, when disputes arise over the performance of the property division agreement, as with other contracts, the legality must be reviewed first. If its legality is confirmed, it can apply for execution after the judgment document is formed.
