As long as the divorce agreement is signed by both parties voluntarily, the content is legal, and it is valid after both parties sign it, but it does not take effect. It will take effect only after both parties register for divorce. The divorce agreement is a conditional agreement, and the required effective condition is that both parties register for divorce. So if you just sign it, the divorce agreement will not take effect.
Going to the Civil Affairs Bureau for divorce requires the following documents:
1, account book;
2. Resident identity card;
3. Marriage certificate;
4. Divorce agreement. (The agreement shall specify the expression of the divorce will of both parties and the unanimous opinion on matters such as child support, property and bond disposal);
5. With the same background color, two recent two-inch color bareheaded single photos.
The procedure of divorce registration is as follows:
1. Both divorced men and women * * * apply to the marriage registration office of the district or county civil affairs bureau (or the town people's government) where one party has a permanent residence;
2. Both parties fill in the Declaration of Application for Divorce Registration, and sign or fingerprint in front of the marriage registrar;
3. Both parties sign the divorce agreement (in triplicate), agree with the contents of the agreement, and sign or fingerprint in front of the marriage registrar;
4. The marriage registration authority shall examine the documents, agreements and supporting materials submitted by the divorced parties, and register them if they meet the requirements for divorce registration.
To sum up, the dissolution of marriage requires not only the agreement of the true meaning of both parties, but also the registration of the marriage registration authority and the issuance of relevant documents. Divorce agreement is not an ordinary contractual relationship, but a special agreement involving personal relationship. Therefore, the entry into force of divorce agreement requires not only the entry into force elements of general agreement, but also the specific formal elements of relevant procedures of statutory registration authority to produce legal effect.
Legal basis:
Article 1076 of the Civil Code of People's Republic of China (PRC)
If the husband and wife voluntarily divorce, 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 expression of willingness of both parties to divorce and the consensus on matters such as child support, property and debt disposal.
Article 1077
Within 30 days after the marriage registration office receives the application for divorce registration, if either party is unwilling to divorce, it may withdraw the application for divorce registration from the marriage registration office.
Within thirty days after the expiration of the time limit specified in the preceding paragraph, both parties shall personally apply to the marriage registration office for a divorce certificate; Those who fail to apply shall be deemed to have withdrawn their application for divorce registration.
Article 1078
The marriage registration authority shall register and issue a divorce certificate if it finds out that the two parties are really divorced voluntarily and reach an agreement on matters such as child support, property and debt handling.