Hello, the divorce agreement is legally binding.
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 their unanimous opinions on matters such as child support, property and debt settlement. After the divorce by agreement is successful, the divorce agreement becomes effective.
Dan Jia Yu Jia lawyers remind you: 1. If one party has no civil capacity when signing a divorce agreement, or it is signed under circumstances such as fraud or coercion, it may be invalid; 2. The provisions regarding property and debt settlement are legally binding on both men and women, but creditors still have the right to claim rights against both men and women for the debts of the husband and wife. After one party assumes responsibility for the debts of the husband and wife, he can claim The other party shall bear corresponding debts in accordance with the divorce agreement.
In order to avoid disputes after the agreement is invalid, it is recommended to have it drafted or reviewed by a professional lawyer.
Relevant legal provisions
Civil Code
Article 1,076 If both spouses voluntarily divorce, they shall sign a written divorce agreement and submit it in person Apply to the marriage registration office 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.
"Interpretation of the Marriage and Family Section of the Civil Code (1)"
Article 35 The divorce agreement of the parties or the effective judgment, ruling or mediation letter of the people's court has already addressed the issue of division of marital property. If a settlement is made, the creditor still has the right to claim rights against both the man and the woman for the same debt.
If one party assumes responsibility for repaying the joint debts of the couple and claims that the other party should bear the corresponding debts in accordance with the divorce agreement or the legal documents of the People's Court, the People's Court shall support it.
Article 69: If the parties reach a property and debt settlement agreement that is conditioned on divorce by agreement or divorce mediation in the People's Court, if the parties fail to divorce and one party regrets during the divorce proceedings, the People's Court shall determine The property and debt settlement agreement did not take effect, and the judgment was made in accordance with the provisions of Articles 1087 and 1089 of the Civil Code based on the actual circumstances.
The provisions on property and debt disposal in the divorce agreement signed by the parties in accordance with Article 1076 of the Civil Code are legally binding on both men and women. After the divorce is registered, if the parties have disputes over the performance of the above-mentioned agreement and file a lawsuit, the People's Court shall accept the case.