The signature of a mental patient who can't fully recognize his behavior on the divorce agreement is invalid. If one party suffers from mental illness and cannot agree to divorce, and the mental patient is a person with limited or no capacity for civil conduct, he shall sue for divorce and be tried by the court. Concealing mental illness before marriage, failing to recover after marriage, or marrying the other person knowing that he is mentally ill before marriage, or one of the husband and wife suffering from mental illness during their common life and unable to recover after long-term treatment. According to the relevant provisions of the Civil Code and the experience of trial practice, it is believed that the relationship between husband and wife has indeed broken down. If one party insists on divorce and mediation fails, divorce may be granted according to law.

Legal basis:

Article 1 of the Supreme People's Court's Specific Opinions on How the People's Court Confirms that the relationship between husband and wife has indeed broken down in the trial of divorce cases.

When trying divorce cases, the people's court should take whether the relationship between husband and wife has really broken down as the dividing line for granting or not granting divorce. To judge whether the relationship between husband and wife really broke down, we should comprehensively analyze the marriage basis, feelings after marriage, reasons for divorce, the current situation of the relationship between husband and wife, and the possibility of reconciliation.