1, the divorce agreement has three contents, namely:
(1) declare that divorce is the true meaning of both parties;
(2) stating opinions on property division, child support and debt;
(3) state the facts and reasons for divorce. At the same time, the divorce agreement shall not harm the interests of others. Then go to the marriage registry to register for divorce, and the divorce agreement will take effect.
2. Legal basis: Article 1076 of the Civil Code of People's Republic of China (PRC).
If the husband and wife voluntarily divorce, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office.
The divorce agreement shall specify the expression of willingness of both parties to divorce and the consensus on matters such as child support, property and debt disposal.
Second, what is the divorce agreement model?
Negotiator (male): _ _ _ _ _ _ _ _ _ _ ID number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Negotiator (female): _ _ _ _ _ _ _ _ _ _ ID number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
In order to clarify the ownership of property before and after marriage, the commitment of creditor's rights and debts and other legal matters related to property rights and interests, both parties reached the following agreement through equal and voluntary consultation:
1. Both parties' property under their respective names before marriage, regardless of whether they are married or not after the conclusion of this agreement, shall belong to each other, and the other party has no right to claim division under any circumstances.
As of the signing of this Agreement, the pre-marital property under the name of the man includes but is not limited to the following properties:
(1) Real estate: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
(2) Movable property: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
As of the signing of this Agreement, the pre-marital property under the name of the woman includes but is not limited to the following properties:
(1) Real estate: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
(2) Movable property: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Two, the parties to the agreement shall implement the property division system after marriage, that is, their respective property income, income, movable property and purchased real estate shall be owned by themselves, including but not limited to the following:
The other party has no right to claim division on the grounds of "joint property of husband and wife", and the possession, use, income and disposal of the property are completely decided by the acquirer, exercising full property ownership. The rights and obligations attached to the real estate purchased in the name of one party are completely enjoyed and borne by one party, and have nothing to do with the other party. When buying real estate in the name of one party, one party can sign sales contracts and loans in its own name. All rights, obligations and property rights of the real estate are fully enjoyed and undertaken by one party, and have nothing to do with the other party. If necessary, the other party has the obligation to assist the buyer to handle the mortgage loan procedures. The part of the house purchase loan repaid by one party before and after marriage shall not be divided by the other party as the same property.
Three, before and after marriage, the creditor's rights and debts of both parties shall be enjoyed and borne by themselves. When a borrower borrows money after marriage, either party is obliged to inform the creditor of the "marital property division system" when forming debts, that is, it is clear that the debt repayment responsibility of the borrowed property is only borne by the borrower and has nothing to do with the spouse, and the spouse does not bear joint liability, and ensures that the creditor lends the property on the premise of knowing this fact. Otherwise, if the non-borrower is jointly and severally liable for protecting the interests of a bona fide third party, the lender shall recover from the other party.
Four. In order to ensure the financial support needed by both parties after marriage, both parties may make a written agreement on the scope of husband and wife's property and the bank account where the property is stored, which is an annex to this agreement and has the same effect as this agreement.
Five, the cost of the birth of children by both parties shall be borne by both parties, and the specific amount and proportion shall be agreed by both parties in writing after the birth of the child. As an annex to this agreement, this written agreement has the same effect as this agreement.
Although the name of this agreement is "pre-marital property agreement", it does not affect the effectiveness of related matters such as child support and post-marital property disposal.
Seven. In case of any dispute during the performance of this agreement, both parties shall settle it through consultation. If negotiation fails, either party has the right to bring a lawsuit to the court where this agreement is signed.
Eight. This agreement is made in triplicate, each party holds one copy, and the notary office keeps one copy, which shall come into effect after being signed by both parties.
Signature of Party A (the man): _ _ _ _
Signature of Party B (female): _ _ _ _
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