The private divorce property agreement is legally effective. The clauses on property division in the divorce agreement or the agreement on property division reached by the parties due to divorce are legally binding on both men and women.
[Legal basis] According to Article 31 of the Marriage Law, divorce is allowed if both men and women divorce voluntarily. Both parties must apply for divorce at the marriage registration office.
The marriage registration authority shall issue a divorce certificate when it finds out that both parties are indeed willing and have properly dealt with children and property issues. (The Marriage Law will expire on December 31, 2020)
Article 1076 of the Civil Code states that if the husband and wife 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. (The effective date of the Civil Code is January 1, 2021)