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Whether to print the divorce agreement by yourself or go to the Civil Affairs Bureau

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Whether to print the divorce agreement by yourself or go to the Civil Affairs Bureau


        

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  • 2024-06-21 01:00:03

    [Legal Opinion]
    After negotiation, both parties can write by themselves without specific format requirements. The divorce agreement must be in written form, signed by both parties, and approved by the court or the marriage registration management department before it has legal effect. It generally includes the following contents:
    1、 Registration of divorce is the expression of the true intention of both parties. 2. The party with whom the children live together, and the party who does not live together with the children should bear the costs of child rearing, the way of payment, and the time limit. 3. The division of common property (preferably with a clear list). 4. The enjoyment of joint creditor's rights, debts, and the liability for payment. 5 The way in which the visiting right of one party who does not live together with children is implemented and the obligation of the other party to assist 6. Other matters that need to be specified in the agreement 7. The signature and time of both parties refer to the model text:
    Signing a divorce agreement is only the first step of divorce registration, that is, the two parties have reached an agreement on divorce. However, China's Marriage Registration Administration Regulations stipulate that marriage and divorce must be completed through registration. If the divorce is not registered, the agreement will not come into force after it is signed. This agreement is a conditional contract in the civil law, that is, the agreement will come into force only on the premise of divorce. If there is no divorce (legally recognized), the agreement will not come into force, and it will be a waste of paper.
    [Legal Basis]
    Measures for the Administration of Marriage Registration Files
    Article 7 The following materials formed through divorce registration shall be filed:
    (1) Divorce Registration Review and Handling Form
    (2) Declaration of Application for Divorce Registration
    (3) Copy of marriage certificate of the party concerned
    (4) Divorce Agreement of the Parties
    (5) Copy of ID card of the party concerned
    (6) Other relevant materials.

    Luo***

    2024-06-21 01:00:03

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