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Does the divorce agreement have legal effect after being signed

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Does the divorce agreement have legal effect after being signed


        

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  • 2024-06-22 21:00:02

    The divorce agreement does not take effect immediately after it is signed, but only after the civil affairs department handles the divorce registration and records the divorce agreement in the civil affairs department, can it become legally effective and binding on the parties. That is to say, the effective time is after the divorce procedures are handled.
    Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (II)
    Article 8 stipulates: "The provisions of the divorce agreement on the division of property or the agreement reached by the parties on the division of property due to divorce shall be legally binding on both men and women. If the parties bring a lawsuit due to the implementation of the above agreement on the division of property, the people's court shall accept it."
    Article 9 stipulates that: "If both men and women renege on the issue of property division within one year after divorce by agreement, and request to change or revoke the property division agreement, the people's court shall accept it. If the people's court finds no fraud, coercion or other circumstances when concluding the property division agreement after hearing the case, it shall dismiss the litigant's claim according to law."
    Article 19
    The husband and wife may agree that the property acquired during the marriage relationship and the premarital property shall belong to their own ownership, joint ownership, or part of their own ownership, part of their joint ownership. The agreement shall be in writing. In the absence of an agreement or unclear agreement, the provisions of Articles 17 and 18 of this Law shall apply.
    The agreement between husband and wife on the property acquired during the period of marriage and the property before marriage shall be binding on both parties.
    Article 2 of the Contract Law of the People's Republic of China
    Chapter III of Contract Law of the People's Republic of China

    Yes***

    2024-06-22 21:00:02

  • civil Relevant knowledge

  • law

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