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What does the divorce agreement say about having children

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What does the divorce agreement say about having children


        

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  • 2024-06-09 22:00:03

    The divorce agreement with children includes the following contents: 1. Personal information of both parties, such as name, gender, date of birth, current address, contact number, etc; 2. The intention of both parties to divorce voluntarily; 3. The ownership of the child's custody, the way to pay the maintenance fee, and the specific amount of the maintenance fee; 4. The agreement on children's visitation right and the way to exercise the visitation right; 5. The division of common debts and common property; 6. The signature or seal of both parties, and the date of conclusion of the agreement.
    When concluding a divorce agreement, the intention of both parties should be true, including the intention of both parties to divorce, and the child custody and maintenance fees should be properly handled.
    This agreement is personal in nature and cannot be signed by others on behalf of others. It must be recognized by relevant state organs before it comes into force.
    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 1084 of the Civil Code of the People's Republic of China
    The relationship between parents and children shall not be eliminated by the divorce of parents. After divorce, whether the children are directly raised by the father or the mother, they are still children of both parents. After divorce, parents still have the right and obligation to support, educate and protect their children. After divorce, children under the age of two shall be directly supported by their mothers in principle. If both parents fail to reach an agreement on the upbringing of a child who has reached the age of two, the people's court shall make a judgment on the basis of the specific circumstances of both parties and the principle that it is most beneficial to the minor children. If a child has reached the age of eight, his or her true wishes shall be respected.

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