1. Is the divorce agreement legally binding?
1. The divorce agreement is legally binding. After signing a written divorce agreement and completing the divorce procedures at the marriage registration authority, the divorce agreement will become effective. Because the divorce agreement is a conditional agreement.
2. Legal basis: Article 1076 of the "People's Republic of China and Civil Code"
If both spouses voluntarily divorce, they shall sign a written divorce agreement and Apply for divorce registration in person at the marriage registration office.
The divorce agreement should state the intention of both parties to divorce voluntarily and the consensus on matters such as child support, property and debt settlement.
2. How to write a divorce agreement to be legally effective
1. A divorce agreement must state the following matters to be legally effective:
(1) Husband and wife Expression of intention to divorce voluntarily by both parties;
(2) Agreement on child support issues;
(3) Agreement on the debts of the husband and wife;
(4) How to deal with the joint property of husband and wife;
(5) Other matters involving both husband and wife that should be specified.
2. Can the divorce agreement be modified?
If the divorce agreement has not been registered for divorce, it can be modified; if the divorce has been registered, it cannot be modified. If both parties regret the division of property, they can file a lawsuit in court to request re-division of the property. If a man and a woman regret the issue of property division and request to change or cancel the property division agreement one year after they agree to divorce, the court shall accept it.