In 2017, Li Moumou and Wu Moumou were introduced to each other, and later established a romantic relationship, and the two parties registered their marriage with the Civil Affairs Bureau.
The two had a sweet honeymoon period after marriage and gave birth to an eldest son in 2018 and a younger son in 2020.
It is said that vigorous love can't bear firewood, rice, oil and salt, but since 2021, conflicts between husband and wife have appeared frequently and gradually intensified.
In 2022, the parties intend to end their marriage and sign a divorce agreement.
The agreement stipulates that all joint property during the marriage belongs to the woman Li Moumou, and the custody of the two sons belongs to Li Moumou, and other debts are stipulated.
However, after the agreement was signed, the parties did not go to the Civil Affairs Bureau to register the divorce.
The two parties lived together for half a year, and then Li Moumou proposed to register the divorce many times, and Wu Moumou refused many times.
In August 23, Li Moumou believed that the relationship between the two parties had broken down and there was no possibility of reconciliation, so he sued the court for divorce and requested that the property be disposed of in accordance with the divorce agreement signed at that time.
During the court trial, Wu Moumou agreed to the divorce.
But for property, although a divorce agreement was signed at that time, now the situation has changed.
If you do not agree to divide the property on the basis of the signed divorce agreement, you should divide it equally.
Li Moumou said that Wu Moumou voluntarily gave up all property at that time, and all property should belong to Li Moumou, and the property should not be divided equally.
In the end, the court's judgment greatly exceeded Li's expectations.
After the trial, the court held that in accordance with the first paragraph of Article 69 of the Interpretation (1) of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family, it provides:
If the parties reach an agreement on the disposal of property and debts on the condition of divorce by agreement or mediation of divorce in the people's court, if the divorce between the parties is not completed and one party repents in the divorce proceedings, the people's court shall find that the agreement on the disposal of property and debts has not taken effect, and make a judgment in accordance with the provisions of Articles 1087 and 1089 of the Civil Code according to the actual circumstances."
The divorce between the plaintiff and the defendant was unsuccessful and the plaintiff Wu Moumou repented in the divorce proceedings, so the two parties signed the divorce agreement on property and debt disposal in 2022, which did not take effect in accordance with the law.
In the end, the court divided the joint property of the husband and wife equally in accordance with the law.
During the existence of the marital relationship, if the husband and wife reach an agreement on the distribution of property through consultation, the validity of the agreement shall be determined according to the purpose of the agreement.
1. If the husband and wife make an agreement on the distribution of property in order to achieve divorce.
If the purpose of the parties is to achieve divorce, it shall be regarded as a conditional civil act.
Once the conditions for divorce are not met, the agreement automatically lapses.
In the subsequent divorce proceedings, the property between the husband and wife shall be disposed of in accordance with the following two provisions of the Civil Code.
Article 1087:
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. ”
Article 1089:
In the event of divorce, the joint debts of the husband and wife shall be repaid jointly. Where the joint property is insufficient to be paid off or the property is owned by each other, the two parties shall settle it by agreement; If the agreement is not reached, the people's court shall make a judgment.
2. If the marital property distribution agreement is not for divorce, but purely for the distribution of property.
The agreement can be deemed to be a valid agreement without conditions.
The agreement between the husband and wife on the distribution of property is valid.
However, a marital property distribution agreement cannot be used against an unwitting bona fide third party.
Through the above cases, it can be seen that the legal effect of the same agreement content is completely different for different purposes.
Whether it is dealing with the relationship between husband and wife or signing relevant agreements, you must be cautious.