Legal analysis: A divorce agreement becomes legally effective after it is signed by both parties and is legally recognized.
Legal basis: "The People's Republic of China and the Civil Code"
Article 1,076 If both spouses voluntarily divorce, they shall sign a written divorce agreement and attend the divorce in person. Apply to the marriage registration authority for divorce registration.
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 1,077 Within thirty days from the date when the marriage registration authority receives the divorce registration application, if either party is unwilling to divorce, the divorce registration application may be withdrawn from the marriage registration authority.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to the marriage registration authority for issuance of a divorce certificate; failure to apply shall be deemed to have withdrawn the application for divorce registration.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 1,078: 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 marriage and issue a divorce certificate.