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What should I do if I fail to perform the divorce agreement? Can I apply for compulsory execution

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What should I do if I fail to perform the divorce agreement? Can I apply for compulsory execution


        

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  • 2024-06-22 15:00:03

    According to the specific provisions of China's laws, the clauses in the divorce agreement or the agreement reached by the parties on the division of property due to divorce are legally binding on both men and women. If a party brings a lawsuit due to a dispute over the performance of the above, the people's court shall answer it. The people's court shall accept the case where both the man and the woman go back on their words about the property division within one year and request to change or cancel the property division agreement. After the trial, if the people's court finds no fraud, coercion or other circumstances when concluding the property division agreement, it shall dismiss the litigant's claims according to law. If one party fails to perform its obligations as agreed in the divorce agreement, the other party has the right to bring a civil action to the court to demand confirmation of the validity of the divorce agreement, and make a judgment according to law that the party who has the obligation to perform shall bear the responsibility.
    The law has strict provisions on the compulsory execution of people's courts. The compulsory execution of people's courts can be divided into the following categories: legally effective civil judgments, rulings, mediation statements and criminal judgments of people's courts Part of the property in the ruling The award of the arbitration institution The notarization organ gives the compulsory enforcement effect according to law The creditor's rights document The administrative organ makes a decision with compulsory enforcement content according to law. The people's courts have no right to enforce any legal document that falls outside this scope.
    These instruments have one thing in common, that is, they are all made by state organs or social institutions. The divorce agreement is an agreement between individuals. Obviously, it is not a document that can be enforced by the court. You can bring a lawsuit to the court to ask for re confirmation of the burden of child support.
    The Marriage Law stipulates that after divorce, the other party shall bear part or all of the necessary living and education expenses for the children raised by one party. Therefore, the court is bound to make a decision on the payment of alimony. At that time, you can apply to the court for enforcement by the written judgment.

    Hao***

    2024-06-22 15:00:03

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