Whether the divorce agreement stipulates a large amount of compensation is valid

Mondo Social Updated on 2024-02-01

With the development of society, people's attitudes and values towards marriage are also constantly changing. In the divorce process, the husband and wife often reach a divorce agreement for various reasons, which involves terms such as property division, child support, and compensation. Among them, whether the agreement on the huge compensation fee is valid is an issue that many people are concerned about, so let's introduce it to you.

Whether the divorce agreement stipulates a large amount of compensation is valid

The effect of a divorce agreement stipulating a large amount of compensation is useful. As long as both parties to the agreement have full capacity for civil conduct, and the parties agree that the huge amount of compensation is based on their true intentions and does not infringe on the interests of others, then the agreement has civil legal effect and is valid for both parties after the signature and confirmation of both parties to the agreement.

Article 1087 of the Civil Code.

In the event of a divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party. The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

What are the circumstances under which the compensation in the divorce agreement is invalid?

1) One party concludes a contract by means of fraud or coercion, harming the interests of the state;

2) Malicious collusion, harming the interests of the state, the collective, or a third party;

3) Concealing illegal purposes in a lawful form;

4) Harming the public interest;

5) Violating mandatory provisions of laws and administrative regulations.

The above is the specific content of the introduction, whether the huge compensation agreed in the divorce agreement is valid needs to be analyzed according to the specific situation. The agreement is valid if the relevant conditions are met; If the conditions are not met, the agreement may be invalid. If there is a dispute between the parties, it can be resolved through legal proceedings. When signing a divorce agreement, both parties should fully understand the relevant legal provisions and procedures to ensure that their rights and interests are not violated.

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