Where to sign the separation agreement will be influenced by different people, things and things in our daily life. For example, in marriage, there will be a phenomenon that couples don't want to live and want to separate. Where do I need to sign the following sharing separation agreement? Let's have a look.
Where should I sign the separation agreement? 1 legal analysis: the separation agreement is an agreement signed by both husband and wife through consultation, and can be notarized at the notary office without going to the relevant administrative organ. According to the application of natural persons, legal persons or other organizations, a notarization institution shall handle the following notarization matters:
(1) Contract;
(2) inheritance;
(3) entrustment, declaration, gift and will;
(4) division of property.
Legal basis: Article 11 of the Notary Law of People's Republic of China (PRC). According to the application of natural persons, legal persons or other organizations, the notary office shall handle the following notarization matters:
(1) Contract;
(2) inheritance;
(3) entrustment, declaration, gift and will;
(4) division of property;
(5) Bidding and auction;
(6) Marital status, kinship and adoption;
(seven) birth, survival, death, identity, experience, education, degree, position, title, whether there is a criminal record;
(8) Articles of association;
(9) Preserving evidence;
(ten) the signature, seal and date of the document, and the copy and photocopy of the document are consistent with the original;
(eleven) other notarization matters voluntarily applied by natural persons, legal persons or other organizations.
For matters that should be notarized according to laws and administrative regulations, the relevant natural persons, legal persons or other organizations shall apply to the notary office for notarization.
Where do I need to sign the separation agreement? 1. How to sign the resignation agreement?
(1) Both parties voluntarily agree to separate.
1. Both parties to the agreement fail to perform the obligations of husband and wife;
2. Both parties to the agreement enjoy equal cohabitation rights, and one party shall not go against the will of the other party;
(2) Temporary possession, use and disposal of family property during separation.
1. During the separation period, a set of housing (specific location) belongs to Party X, and the housing problem is solved by itself;
2. During the period of separation, the property and income obtained by both parties belong to their own, not the common property of husband and wife;
3. The debts incurred by each party shall be borne by itself;
(3) Temporary support for children during separation.
(4) The term of resignation is 24 months, from X years to X years.
(5) Termination of resignation
1. Both parties agree to voluntarily resume cohabitation;
2. One party applies to the court to sue for divorce;
Second, the matters needing attention in the resignation agreement
The so-called separation agreement refers to a written agreement between husband and wife to terminate the obligation of cohabitation without dissolving the marriage relationship.
1, stipulating the rights and obligations of both parties. Especially during separation, husband and wife are no longer obliged to live with their husbands or wives.
2. The agreement should explain who will raise the child, how to bear the maintenance fee and how to exercise the visiting right.
3. Property during separation can be agreed. If there is no agreement or no agreement can be reached, it is still regarded as the joint property of husband and wife. If both parties agree, it can be stipulated in the agreement that during the separation period, both parties will no longer enjoy the right of family agency (but they can't fight against a bona fide third party), and if one party violates it, it will compensate the other party for its losses. If both parties agree, it can be agreed that all debts incurred by one party during the separation period are regarded as personal debts (which cannot be countered by a bona fide third party), and if one party violates it, it will compensate the other party for its losses.
4. The term of leaving should be three months to two years. At the expiration of the time limit, if one party still thinks that the feelings can't be reconciled and asks for a divorce, it can agree to divorce or bring a lawsuit to the court with this agreement.
5. Termination of resignation. Separation by agreement can be terminated by mutual agreement, but a written agreement to terminate separation should be made or notarized.
6. In practice, almost all notary offices have not explicitly included the separation agreement in the notarization scope of civil agreements. If the party concerned refuses to accept it at the local notary office, he can choose to find a lawyer from the local law firm to witness it, or find two neighbors and colleagues to witness it, or as long as both parties sign at the same time, notarization and witness are not needed.
Where do I need to sign the separation agreement? 1. Where can I get the resignation certificate?
In fact, the branch proves that it doesn't need to go anywhere, as long as someone proves it.
Common evidence to prove the separation of husband and wife:
(1) A house lease contract in which one party lives outside;
(2) The separation agreement signed by both parties must be written, and the oral agreement must be approved by the other party;
(3) The written separation documents sent by one party to the other party shall be sent by express mail, marked with "Separation Agreement" in the remarks column, and the mailing certificate shall be kept, which belongs to the time of separation between husband and wife from the date of mailing until the divorce is filed;
(4) Letters and mails exchanged between the two parties can prove the fact that the two parties are not in harmony and separated;
(5) Witnesses can also be, such as friends or relatives known by both parties. However, because witnesses often have an interest in the party who testifies for them, and separation is a "private matter" of husband and wife, it is difficult for the court to accept the testimony of a single witness and need to supplement it with other evidence.
Second, the conditions for litigation divorce
When trying divorce cases, the people's court shall conduct mediation; If the relationship has really broken down and mediation fails, divorce shall be granted.
In any of the following circumstances, if mediation fails, divorce shall be granted:
(a) bigamy or a spouse living with others;
(2) committing domestic violence or abusing or abandoning family members;
(three) gambling, drug abuse and other bad habits;
(four) separated for two years due to emotional discord;
(5) Other circumstances that lead to the breakdown of the marriage relationship.
3. What are the conditions for separation and divorce?
(a) due to emotional discord must be separated.
(2) Separation must be continuous and have been completed for two years. (Cannot be accumulated)
First of all, it must be two years from the day after the actual separation of husband and wife to the filing of divorce proceedings in court.
Secondly, the separation must be continuous and the separation time must be calculated continuously. Those who live together again after separation shall be recalculated from the day after cohabitation and separation. The time of separation before and after several times does not add up.
(3) The essence of the separation between husband and wife is not to fulfill each other's sexual obligations.
(four) "husband and wife separated for two years" must be proved by evidence.
To sum up, there are many reasons for separation, but due to the limited proof, it is not easy to issue a separation certificate, which contains many subjective factors. At this time, you can seek testimony from individuals or organizations such as neighbors or neighborhood committees.