Legal analysis
The provisions of the Civil Affairs Bureau on the writing requirements of divorce agreement are as follows: 1, and the content specification: (1) clearly indicates that both parties divorce voluntarily; (2) The content of the agreement was reached by both parties voluntarily; (3) Agree on child support, property and debts. 2. Form requirements: (1) Write or print with A4 paper, blue-black ink pen or black signature pen; (2) Submit the divorce agreement in triplicate and sign it in front of the marriage registrar; (3) The contents of the agreement shall be clearly identifiable and shall not be altered. 3. Provisions on legal effect: (1) The contents agreed in the agreement shall not violate national laws and regulations; (2) The contents of the agreement shall not infringe upon the legitimate rights and interests of a third party; (3) The contents of the agreement shall not deprive or restrict the legal rights of one party. 4. Filing requirements: Both parties should prepare a three-point divorce agreement, one for the civil affairs bureau where the marriage registration office is located, and one for each party.
legal ground
Article 1076 of the Civil Code of People's Republic of China (PRC) * * * If both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in the marriage registration office in person. 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.
Article 69 of the Supreme People's Court's Interpretation on the Application of Marriage and Family in the Civil Code of People's Republic of China (PRC). If the divorce fails in the divorce proceedings and one party goes back on his word, the people's court shall consider that the property and debt settlement agreement has not come into effect, and make a judgment according to the actual situation and the provisions of Articles 1087th and 1089th of the Civil Code. The provisions on property and debt disposal in the divorce agreement signed by both parties according to Article 1076 of the Civil Code are legally binding on both men and women. After the divorce registration, the people's court shall accept the lawsuit brought by the dispute arising from the performance of the above agreement.