How to write a legally binding divorce agreement:
1. It is necessary to state in the divorce agreement that the divorce is the true intention of both parties;
2. It is necessary to Opinions on property division, child support and debt issues;
3. The facts and reasons for divorce also need to be written clearly.
4. At the same time, the divorce agreement must not harm the interests of others.
Divorce property distribution is written as follows
Indicate the basic information of both parties; indicate the time of application for divorce; indicate the family property and its distribution in detail; indicate child support expenses; the continuity of the relationship between husband and wife The person responsible for compensating the debt during the period; write the signatures and year, month and day of both parties in the agreement. The property distribution in the divorce agreement will not take effect until the divorce certificate is issued. It is determined that the divorce agreement is established when the husband and wife reach an agreement, that is, when both parties sign.
If both spouses wish to divorce voluntarily, they must sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority. 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. In the end, the couple will apply for a divorce certificate based on the divorce agreement.
Legal Basis
"People's Republic of China and Civil Code"
Article 1076: If both spouses voluntarily divorce, they shall sign a Make 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.
Article 1077: Within thirty days from the date when the marriage registration authority receives the divorce registration application, if either party is unwilling to divorce, they may withdraw the divorce registration application from the marriage registration authority.
Within thirty days after the expiration of the time limit specified in the preceding paragraph, both parties shall apply in person to the marriage registration authority for issuance of a divorce certificate; failure to apply shall be deemed to have withdrawn the application for divorce registration.
Article 1078: If the marriage registration agency finds out that both parties are indeed voluntarily divorcing and have reached consensus on matters such as child support, property, and debt settlement, the marriage registration agency shall register the divorce and issue a divorce certificate. .