The divorce agreement written by myself is valid as long as it is the true intention of both parties, there is no coercion and it does not violate the law; Otherwise, it may be invalid. And both parties should sign it.
A divorce agreement needs to have the following points before it has legal effect:
First, the divorce agreement is the expression of the true meaning of both husband and wife, and there is no fraud or coercion;
second, the contents in the divorce agreement do not violate the mandatory provisions of the law;
Third, the divorce agreement does not infringe upon the legitimate rights and interests of the state or others;
fourthly, apply for a divorce certificate according to the divorce agreement.
Extended information:
Contents to be included in the divorce agreement:
1. Registration of divorce is the expression of the true meaning of both parties;
2. Where does the child live with * * *, and the expenses, payment methods and time limit that the party who does not live with the child should bear for raising the child;
3. Division of * * * with property (quantity and value owned by each party with a list attached);
4. * * * Enjoy and pay off the creditor's rights and debts;
5. Solutions to housing problems;
6. The method and time limit of financial assistance to the needy party;
7. The way to implement the visiting right of the party who does not live with the children and the obligation of the other party to assist;
8. Other matters that need to be specified in the agreement;
9. signatures (seals or handprints) of both parties;
1. The time when the divorce agreement was made.
Signing a divorce agreement is only the first step in registering a divorce, that is, both parties have reached a consensus on divorce. However, China's Regulations on the Administration of Marriage Registration stipulates that marriage and divorce should be completed through registration.
If the divorce is not registered, the agreement will not come into effect after it is signed. This agreement is a contract with conditions in civil law, that is, the agreement will come into effect on the premise of divorce. If there is no divorce (after legal recognition), the agreement will not come into effect.
Reference: Baidu Encyclopedia-Divorce Agreement