The divorce agreement is legally binding when the conditions are met:
1. The parties to the divorce have gone through the divorce procedures at the Civil Affairs Bureau and received the divorce certificate;
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2. The content of the divorce agreement complies with legal provisions and does not violate the mandatory provisions of laws and regulations;
3. After receiving the divorce certificate, the divorce agreement takes effect;
4. A written agreement signed by both spouses on matters related to the dissolution of the marriage consensually due to the breakdown of their relationship and approved by the marriage registration authority or the court;
5. Divorce by agreement reached by the parties Or go to the People's Court to mediate a property and debt settlement agreement that is a condition for divorce. If the divorce between the two parties fails and one party regrets during the divorce proceedings, the People's Court shall determine that the property and debt settlement agreement is not effective and make a judgment in accordance with the regulations based on the actual situation.
Legal basis: Article 1076 of the "People's Republic of China and Civil Code"
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 1077
If either party is unwilling to divorce within thirty days from the date when the marriage registration authority receives the application for divorce registration, he or she may apply to the marriage registration authority for divorce. Withdraw the application for divorce registration.
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to the marriage registration authority for issuance of a divorce certificate; failure to apply shall be deemed to have withdrawn the application for divorce registration.