Seven points that should be paid attention to "Divorce Agreement" ｜ Attachment

Is divorce very simple? No, it is definitely not that simple. If you take a divorce agreement, there are many pits. If the agreement is unknown, it may cause great trouble for each other. After the implementation of the Civil Code, the new version of the "divorce agreement" is for reference.

In any case, I wish you a happy family, communicate more, and tolerate more. If you think about life, you only love TA.

First saying

How should I write the "Divorce Agreement" to be more complete? When many people draft the divorce agreement, they only pay attention to the division of property and the child support of their children. In fact, the following issues should be paid attention to, and cannot be ignored or missed:

1. Household registration

Household residence disputes do not belong to the court's acceptance scope, and the public security organs have no right to interfere.

The procedures involving the migration of one or child's hukou must cooperate with the original and related documents of the household registration.

Therefore, in the agreement, the legal responsibility that does not move out of the hukou or does not cooperate with the procedures to restrain the parties.

2. Surname processing

If the two parties negotiate to change the child's surname, they should write clearly in the divorce agreement, so that one party cannot ask the court to order the restoration of the surname.

If one party is worried that the other party changes the child's surname, they can clarify that one party must not change the child's surname without authorization and agreed to a full liability for liability or other breach of contract.

The judicial interpretation of the marriage and family editor of the Civil Code (1) Article 59 Parents must not refuse to pay for their children because their children change their surnames. If the father or mother has changed the surname of the child to the stepmother or the stepfather's surname without permission, the dispute shall be ordered to resume the original surname.

3. Compensation, compensation and debt handling between husband and wife

If the following situations exist, how to deal with the other party how to deal with and write in the agreement, in the marriage:

(1) Borrowing

The Judicial Interpretation of the Marriage and Family Edited by the Civil Code (1) Article 82 Establish a borrowing agreement between husband and wife, and if the husband and wife's common property will be lent to one party to engage in personal business activities or for other personal affairs The behavior of property can be handled in accordance with the agreed of the borrowing agreement during divorce.

(2) Compensation

Article 1088 of the Civil Code of the Civil Code, one of the husband and wife of the husband and wife is liable for a lot of obligations because of the childcare, taking care of the elderly, and assisting the other party's work. When divorce, they have the right to request compensation from the other party, and the other party shall give compensation. The specific measures shall be approved by both parties; if the agreement does not, the people's court will be judged.

(3) Difficulty help

When the "Code of the Civil Code" is divorced, if one party has difficulty in life, the other party with a burden should give appropriate help. The specific measures shall be approved by both parties; if the agreement fails, the people's court will be judged.

(4) Missing damage compensation compensation

Article 1091 of the Civil Code has one of the following circumstances, which leads to divorce, and there is no wrong party to request damage compensation:

(1) Dry;

(2) Live with others;

(3) Implement home violence;

(4) Abuse and abandon family members;

(5) There are other major faults.

(5) Spring of real estate without authorization

The judicial interpretation of the Marriage and Family Edited by the Civil Code (1) Article 28 One part of the house shared shared by the husband and wife shared by the other party, the third party purchases, pays reasonable consideration and go through the procedures for property rights, and the other party advocates recover the recovery of this The people's court does not support it.

One of the houses that the husband and wife punish the same shared house caused the other party to lose the other party. If the other party requests compensation for losses when divorce, the people's court shall support it.

4. Regulations on the support fee

If the two parties do not make a special agreement, according to the law, the maintenance costs include three items: living expenses, education and medical expenses.

In general, the amount of support for the support is often failed to lose fairness to the supporter and children.

It is recommended that the two parties agreed to pay a certain amount of living expenses per month, and increase year by year (agreed on the specific proportion). Education, medical expenses, and large expenses (such as the child must bear the responsibility) will be shared in accordance with the actual amount, and the two parties shared the average part.

5. Two cases of non -dividing property

(1) "No common property division"

This statement can still be prosecuted after divorce and requires division of common property without litigation limits.

After the judicial interpretation of the marriage and family editor of the "Civil Code" (1) After the divorce of Article 83, if one party sued the people's court for division on the grounds of the joint property of the husband and wife, the husband and wife who did not involve the property when the property was not involved after reviewing the property. For common property, the people's court shall be divided according to law.

(2) "The property under their respective names belongs to each"

This expression cannot be divided after divorce, and there is no right to separate each other. It is very unfair to the economic situation that is economically weak or does not know the real property status of the spouse, which has lost the right to divide the property in the future.

Therefore, the parties should list all the common property, and write clearly one or how to deal with it one by one. Do not make it briefly. A moment of negligence or corruption is likely to bring major losses in economic benefits.

6. During marriage agreement and divorce agreement, it is best to notify

根据《民法典》婚姻家庭编的司法解释(一)第32条和《民法典》第658条规定，除公证过的或者具有道德义务、公益性质的赠与不能撤销外，在其他情况下，赠与People can revoke the gift before the right to the property of the property.

Generally speaking, the internal gifts of the family do not involve moral obligations or public welfare properties, so notarization has become the only way for the gift to protect themselves to obtain a gift property. Notarization is of great significance, even indispensable. The parties shall notify the divorce agreement or in -marriage agreement (unless the procedures such as divorce or transfer) are avoided in order to avoid post -troubles.

7. How to deal with the "divorce agreement can regret"

Judicial Interpretation of the Marriage and Family Edited by the Civil Code (1) Article 69 Article 69 The property and debt handling agreement reached by the parties to the people's court to mediate divorce to the people's court. The people's court shall determine that the property and debt handling agreements have not taken effect, and the verdicts are judged in accordance with Article 1087 and Article 1099 of the Civil Code.

For this important new rule, two points should be paid to:

(1) The property agreement that is beneficial to your own side can sign the in -marriage agreement. Do not appear the expression of divorce words and divorce, so that the other party cannot ask for overthrowing.

(2) It can be clearly stipulated in the divorce agreement that even if the agreement is not divorced, the content of the agreement is still valid, and both parties shall not regret it, and the divorce agreement is applied to the divorce in lawsuits.

The parties in civil legal relations are applied to the effectiveness of the agreement or excluding the law, reflecting the freedom of contract and the principle of punishment. This agreement belongs to the meaning of autonomy in the meaning of the parties, and the law should be recognized.

Attached below 2022 latest

Divorce agreement template

For everyone, please refer to the modification according to your own situation

2022 Divorce Agreement (template)

Male: ××, ×× year × month × day was born, live ×××× city ××× road ×××, ID number: ××××××××××××××××××××.

Woman: ××, ×× year × month × day was born, live ×××× city ××× road ×××, ID number: ××××××××××××××××××××.

Both men and women should go through the marriage registration procedures at the ×× Civil Affairs Bureau (office) at the ×× year × month × day. Due to the inconsistent personality of both parties, the relationship between the husband and wife is broken and unable to continue living together. It is no good. Now the two parties have reached the following agreement on voluntary divorce:

First, in order to avoid light divorce, impulse divorce, and maintaining family stability, both men and women are voluntarily divorced. Within 30 days from the date when the marriage registration authority receives the divorce registration application, any party is unwilling to divorce, and the divorce registration application may be withdrawn. Within 30 days after the calm period, the two parties should personally apply for a divorce certificate from the marriage registration authority.

Note: In order to reduce the light divorce, impulse divorce, and maintain family stability, the "Civil Code" marriage and family editing set the "divorce calm period" clause. Simply put, the process of agreement divorce will become: (1) Submit application: The couple will submit a divorce registration application to the Civil Affairs Bureau. (2) Thirty days of calm period: Waiting for thirty days, if any party is unwilling to divorce within thirty days, it can withdraw from divorce registration from the Civil Affairs Bureau, and the divorce is not reached. If the application is not withdrawn, enter the next step. (3) Thirty days of choice: In the next thirty days, the two parties should personally go to the marriage registration authority to apply for a divorce certificate. If the two parties do not personally apply for a divorce certificate in the second thirty days, the two parties shall be deemed to have withdrawn a divorce registration application. For impulsive divorce parties, the timing period of divorce can give the two sides a chance to consider again.

Second, the two parties promise that there is no case of unsuitable divorce during family violence. Volunteer divorce is the result of calm thinking and proper choice of both parties. It can ensure the freedom of divorce between the two parties, but also to ensure the correct choices of the two parties. It is related to the interests of the interests of minor children and other family members of both sides.

Third, the two parties promised to fulfill the truthful, proper and complete informing obligations before marriage, and there is no situation of invalid or withdrawal of the basic relationship between marriage before marriage to conceal major diseases before marriage.

Fourth, children's support

1. Men and women have a [child/female], the name is [], and the ID number is: [].

2. The two parties agree that the son/daughter ×× is raised by the woman. The man pays the fixed support fee ××× yuan per month, and pays before the monthly number of ×× until the child completes the college degree. Fixed support fee []%. Children's medical expenses, tuition fees, and class tutoring fees shall be afforded by 50%of the two sides. The man shall pay within one month after the woman shows the above -mentioned bills.

Note: It should be noted here to clarify the support for fixed support and large expenditures. In addition, many children are currently studying undergraduate or even graduate students. The support fee payment period is recommended. It is recommended not to take adults as standards and complete special education as the standard. Otherwise, the court generally supports children adults.

3. Without affecting the child's study and life, the man can visit the child raised by the woman at any time/[] times. However, the woman should be notified in advance to negotiate specific locations and pick -up methods. If the child is greater than [], he should ask the child's opinion. In the case of the child's consent, the number and time of the visits can be extended appropriately, but the maximum should not exceed []. If the woman has no reason and hinders the man to exercise the right to visit, it should bear [] compensation.

4. At present, there is a [] account money and pure gold pendant and other jewelry belonging to the child. On the date of signing this agreement, the bank card and related items should be handed over to the woman. Essence Five, property division

1. [Deposit] Since the marriage relationship between the two parties continues, there are currently a total of deposits [] yuan, currently the male account [] yuan, the woman's account [] yuan, the two parties agree, [] party will give [] party within 3 days from the date of the signing of this agreement to [] party within 3 days. 【】Yuan.

2. [Real Estate] The two parties have a husband and wife's common property located in a set of commercial housing in the ×× district ×× district, worth RMB 10,000. ×× 10,000 yuan, this model is paid within 7 days after the signing of this agreement; the household appliances and furniture in this room belong to the woman ××. The procedures for changing the name of the owner of the property right certificate within one month after divorce, the man must assist the woman to go through all the procedures for the change, and the household fee shall be responsible for the transfer fee.

Note: There are many forms of real estate division. Generally speaking, if there is only one house, it usually takes a house for one party, the other party gives money compensation, or the house is sold to divide the house money. It should be noted here that if the mortgage of housing has not yet been paid off, it may be that the bank or real estate registration center may not be able to go through the rename of the property right certificate. It is recommended to consult the bank and the local real estate registration center in advance. If it cannot be changed, the two parties shall negotiate the registration procedures for the change of property rights, or divide the property in other ways.

In addition, it is currently more popular to give real estate to children. When the child is adults, the transfer procedures will be applied for adulthood. Before the child is adult, the child raises the right of living. This division method is feasible, and the gift is generally irrevocable. However, the child has a long adult cycle. After the other party has a new life partner, he often lives in the house together, which is easy to cause disputes. Therefore, you should consider this division method carefully but have a detailed agreement in response to the right to use the house.

3. [Account] The man should move out of the hukou within [] within [].

Note: After the divorce, the relocation of the hukou can be relocated to the location of the real estate or voted for a direct relative. Generally, it is based on the "Household Registration Book", "Divorce Certificate", "Real Estate Property Certificate", proof of relative relationships or police investigation certificates. If one party is unwilling to hand over the original household registration book, if the public security police station is mobilized to persuade the persuasion, it can handle the division or relocation procedures in accordance with the judgment or mediation book, and indicate the date and reasons for the household registration book on the hukou registered book.

4. [Vehicle] There are currently [] license plates on both sides, and the license plate number is []. It is registered under the name of the woman. From the day of the day, the woman will cooperate with the man to go through the registration procedures within one month after receiving the compensation.

Note: Because the second -hand sale of the vehicle often has a large depreciation, it is recommended to take one party to get the car, and the other party gives the division of appropriate money compensation. If the vehicle registered person takes the car, there is no need to change the procedures, which can be simplified.

5. [Equity] The [] company []%equity held by the man is still owned by the man after the divorce. Payment at one time is complete.

Note: Here is still a simpler party holding, and one party obtains compensation division methods. Considering that directly dividing equity involves more than half of other shareholders' consent, priority purchase rights, equity change registration, and company operating rights control. It is recommended not to use a template if you need this aspect. Find a professional lawyer to formulate a division plan for the situation.

6. [Virtual Property] The network account with property rights and interests of each network platform is owned by [], and the original name can be continued. Each quarter or annual pays to the other party is not less than the corresponding income yuan, and at the end of each year, it should be at the end of each year. According to the official statistical revenue of the platform, the []%divide the dividend of the other party.

Note: Article 127 of the Civil Code clearly proposes that online virtual property is also property. Bitcoin, Alipay accounts, all kinds of equipment in online games, online stores, and online property acquisitions often have been paid by holders' labor and real property (such as buying game points), market transactions (such as buying and selling between players buying and selling Game equipment), with general product attributes, should be protected by equality.

Six, debt segmentation

The two parties confirmed that the following debt is the common debt of the husband and wife:

1. [] Year [] Moon Xiang [] borrowing XXX 10,000 yuan;

2. [] Year [] Yuexiang [] borrowing XXX 10,000 yuan;

3. [] Year [] The borrowing of the month [] Yuexiang [] XXX 10,000 yuan;

The above -mentioned husband and wife joint debt, and the two sides bear 50%after their expiration. If the remaining debts are found in the future, the debt under whose name will be borne by itself, which has nothing to do with the other party. If the man/woman's foreign borrowing causes the man/woman to bear the responsibility, one party can recovery the other party at any time after paying and pay for the other party.

Note: The Civil Code clearly stipulates the scope of the joint debt of the husband and wife. Therefore, in principle, personal debt is no longer prescribed as a joint debt of husband and wife, and their respective debts generally do not need to be borne by each other. However, to avoid the joint debt of the husband and wife, but if the debt is owed in the name of personal, it agrees that the debt is agreed to be the co -debt of the husband and wife, which can prevent one party from repay the debt alone and cannot recovery.

7. Do not transfer to conceal property

The division of property of this agreement is based on the above property. No party shall hide, report, transfer, transfer the common property or pre -marital property during the marriage. If any party has a concealment or false report, in addition to the property listed above, or if there is a transfer or escape property within two years before signing this agreement, the other party has the right to obtain the total share of the property concealed, falsely reported, and transferred to the other party after discovery. , And investigate the legal responsibility of concealing, false reporting, and transfer of property, false reporting, transferring, and concealment without the right to divide the property. 8. Liability for breach of contract

任何一方不按本协议约定期限履行支付款项义务的，应按照年利率［ ］%支付违约金，并赔偿对方因此遭受的其他损失（包括但不限于诉讼费、律师费、公证费、鉴定费、 Evaluation fee, travel expenses, etc.).

Nine, delivery address

The correspondence address stated that the two parties (parties) stated in this agreement can be used as the address of the delivery letter, the statement, and the address of the lawsuit sent by the court. If the litigation document fails to actually receive and mail it, the date of the return of related documents and litigation documents is deemed to be delivered.

Male address:

Female address:

Note: Now the absence rate of the defendant in lawsuits is very high, and it is generally facing the problem of "difficulty in delivery". When the court sent relevant legal documents to the defendant (usually borrower, guarantor, etc.), it was often returned to Dain Dain Dain Dain "Original Site", "Unknown Migration New Site", and "Original Address Unknown". If it cannot be delivered to the defendant, the court often uses an announcement to deliver it. The announcement of the announcement can pull the lawsuit cycle long. With this sentence, this problem can be avoided.

10. Speed ​​jurisdiction

If the dispute occurs during the implementation of this agreement, the two parties shall negotiate and resolve it. If the negotiation is not achieved, either party may sue to the XXX People's Court.

Eleven, the number of agreements and effectiveness

This agreement has three copies. From the date of issuing the "Divorce Certificate" of the marriage registration authority, the two parties will take one part of each party and one part of the marriage registration office will be recorded.

Man: Woman:

×××× year ×× month ×× day

Source: Home of Legal Affairs

Disclaimer: Reproduced this article out of the purpose of passing more information and conducive to the law of law. If there is an error or infringe your legitimate rights and interests, the author is requested to contact the Law of Qinghai with the authority. We will correct and delete it in time. Thank you.

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