If one party fails to perform its obligations as agreed in the divorce agreement, the other party shall bring a civil action to the court to demand confirmation of the validity of the divorce agreement, and the party that has the obligation to perform shall bear the responsibility according to the law. Non performance can be settled through litigation.
Legal basis
Article 1076 of the Civil Code of the People's Republic of China [Divorce by agreement] 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 authority.
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 1077 of the Civil Code of the People's Republic of China [Divorce Calm Down Period] Within 30 days after the marriage registration authority receives the divorce registration application, if either party is unwilling to divorce, it may withdraw the divorce registration application from the marriage registration authority.
Within 30 days after the expiration of the time limit specified in the preceding paragraph, both parties shall personally apply to the marriage registration authority for a divorce certificate; If no application is made, the application for divorce registration shall be deemed withdrawn.