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How to write the divorce agreement of the second marriage

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How to write the divorce agreement of the second marriage


        

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  • 2024-06-09 22:00:04

    There is no fixed format for writing a divorce agreement for two marriages, which is similar to a divorce agreement for one marriage. There should be four parts: first, the basic information of the parties and their marriage should be stated. It usually refers to name, gender, birth date, nationality, native place, work unit, occupation, address, ID card number, marriage time, divorce reason, etc. Second, indicate that both parties agree to divorce, that is, the consensus on child rearing, property, debt handling and other matters.
    Specify the number of children, children's name, gender, date of birth, and for minor and adult children who cannot live independently, for whom the children live together after divorce, the maintenance fee includes the payment of education fees, and the party who does not live together with the children makes an agreement on the visit of children.
    Clarify the division of the husband and wife's common property and debt, the specific time when one party has difficulties and the other party implements economic assistance, such as how to solve the housing problem of the party without housing property rights.
    If one party has legal fault, that is, bigamy, cohabitation with others, domestic violence, maltreatment or abandonment of family members, the party without fault has the right to claim damages.
    Third, specify the legal liability for breach of the agreement.
    Fourth, both parties shall sign and specify the signing date.
    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.

    w***

    2024-06-09 22:00:04

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