1. The separation agreement has legal effect. An effective separation agreement requires parents and children to express their wishes voluntarily and truly, and have corresponding civil capacity. The separation agreement shall not violate the public order and good customs and the mandatory provisions of the law, and its content is legal.
2. Legal basis: Article 143 of the Civil Code of People's Republic of China (PRC).
A civil juristic act that meets the following conditions is valid:
(1) The actor has corresponding capacity for civil conduct;
(2) the meaning is true;
(three) does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.
2. What is the difference between an agreement and a contract?
The scope of the agreement and contract is as follows:
1, the characteristics of the contract are clear, detailed and specific, and the liability for breach of contract is stipulated; The agreement is characterized by simplicity, generality and principle, and does not involve liability for breach of contract.
2. From its differences, agreement is the basis of signing a contract, and contract is the concretization of agreement. Contract and agreement are two concepts with similarities and differences. They cannot be distinguished by names only, but by names.
Determine the substantive content, if the content of the agreement is clear, specific, detailed and complete, and involves the liability for breach of contract, even if its name is written as an agreement, it is also a contract; If the content of a contract is general, principled and not specific, and does not involve liability for breach of contract, even if its name is written as a contract, it cannot be called a contract, but an agreement.