Nowadays, the divorce rate is high, and couples can choose to divorce by agreement or litigation divorce, and our lawyer has received many people consulting how to write a divorce agreement, and found that the divorce agreement applicable to many people is either too simple, or the agreement is not clear enough, which will inevitably bring a lot of trouble to the performance of the divorce agreement in the future. Therefore, a detailed and clear divorce agreement must have the following specific contents:
1. The reason for divorce can be stated at the beginning of the divorce agreement, the parties have broken down the relationship between the husband and wife for some reason, and there is no possibility of reconciliation, and the parties are divorced by agreement. The reason why it is necessary to clearly state in the divorce agreement the willingness to voluntarily dissolve the marriage relationship is that some civil affairs departments will confirm whether the parties' willingness to divorce is genuine and whether there is coercion when handling the divorce registration.
2. Child support, child support payment and visitation issues If both parties have children and the children are minors to be supported, it is necessary to stipulate in the divorce agreement the content of child support, child support burden and visitation after the divorce: 1Child support. The parties may agree on which party will directly raise the minor children, and where there are several children to be raised at the same time, they may also agree on which minor children will be directly raised by both parties; 2.Payment of child support. The parties may agree that child support shall be paid by the party who is not directly raised, the amount of child support to be paid and the fixed payment time, the amount of child support including living expenses, education expenses and other expenses, and the time when the child will be paid, such as when the child is 18 years old or graduates from university; 3.It is possible to agree on the household registration and name change of the child's family; 4.Visitation rights for children. It can be agreed on how many times a month or every few months it can be visited, the manner and place of each visit, the time of each visit, and even the agreement that the child can live with the parent who is not directly supported each year for a period of time, and it can also be agreed on what liability for breach of contract needs to be borne if the other party prevents the visit; 5.Other agreements, such as stipulating how to keep and use the property owned by the children, or stipulating the proportion of expenses that both parties need to bear when the children are facing further education or sudden serious illness, etc., and need a large amount of economic expenses.
3. The parties to the division of property need to determine which property belongs to their own personal property and which property belongs to the joint property of both parties. Generally speaking, the property to be divided is 1) salary, housing provident fund, bonuses, allowances, subsidies and other income; (2) Land, real estate and other immovable property; (3) Movable property of great value, such as vehicles and valuable personal belongings; (4) Bank deposits; (5) Production and operating income such as rents, subsidies, and dividends from rural collectives; (6) equity and its income; (7)**Equal price**; 8) Investment insurance; (9) income from intellectual property rights; (10) Property acquired by inheritance or gift, except for property determined in the will or gift contract to belong to only one of the husband or wife; (11) Other property or rights and interests that are the joint property of the husband and wife in accordance with law. After determining the ownership of different properties, the parties shall agree on the specific division ratio and method of division of each property, as well as the amount and method of compensation. If it is agreed to divide the house, it can be agreed on the time for the registration of the change of the house, or the division of the house price after the sale.
4. Debt Treatment: The two parties may confirm in the agreement which debts belong to one party and which debts belong to the joint debts of both parties. Generally speaking, each individual's debts shall be borne by each other, and the specific proportion and method of joint debts may be agreed upon. However, even if the parties agree in the agreement that the joint debt shall be borne by one party, it cannot be used against the creditor in good faith, and the creditor still has the right to demand that the other party bear it, so it can be stipulated in the agreement that if the party who should not bear the debt is claimed by the creditor and repaid, it has the right to require the party who should be liable to repay the amount and interest paid.
5. Liability for breach of contract: If it is agreed that the party will be liable for breach of contract for late payment of compensation and other expenses, or that one party shall be liable for breach of contract for concealing or disposing of common property without authorization, if there is any act of concealment or unauthorized disposal of common property, the other party shall have the right to recover from one party, and the party who conceals or disposes of the property without authorization shall not share or reduce the share of that part of the property, etc. If one party disposes of the property without authorization, resulting in the other party being unable to divide the property as agreed in the agreement, the breaching party shall compensate the other party according to the actual market value of the property. In addition, it may also be agreed that attorney's fees, litigation fees, notary fees and other expenses shall be borne by the breaching party.
6. In order to avoid the subsequent occurrence of litigation, the court cannot find anyone and delay the time, the specific service address of both parties can be agreed in the agreement, such as the mailing address of the two parties (parties) specified in the agreement can be used as the address for the service of demand letters, statements, and court service of litigation documents, if the relevant documents and litigation documents cannot be actually received or served by mail due to the wrong address or the changed address is not notified in time, the date on which the relevant documents and litigation documents are returned shall be deemed to be the date of service.
7. The parties to the competent court may agree on other specific competent courts, such as agreeing on the court where the man is located or the woman is located.
VIII. Effective Time and Number of Copies Regarding the effective time, it is generally agreed that the date on which the civil affairs department issues the divorce certificate will take effect, and the score may be agreed on in duplicate, one for each person, subject to the actual situation.
9. The signature, seal and payment agreement need to be signed and sealed by both parties.
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