According to Article 5 of the First Interpretation of the Marriage Law, men and women who live together in the name of husband and wife without going through marriage registration in accordance with Article 8 of the Marriage Law and file a lawsuit to the people's court for divorce shall be treated differently:
 （1） Before the promulgation and implementation of the Regulations on the Administration of Marriage Registration issued by the Ministry of Civil Affairs on February 1, 1994, if both men and women have met the substantive requirements of marriage, they shall be treated as de facto marriages;
 （2） After the promulgation and implementation of the Regulations on the Administration of Marriage Registration issued by the Ministry of Civil Affairs on February 1, 1994, if both men and women meet the substantive requirements of marriage, the people's court shall inform them to apply for marriage registration before accepting the case; If the marriage registration is not completed, it shall be treated as the dissolution of cohabitation relationship.
 If it belongs to the second case and the marriage registration has not been reissued, there is no so-called "divorce agreement". It can only be the agreement for you to terminate the cohabitation relationship. If the content is legal, the intention is true, and both parties agree, it has legal benefits.