A divorce agreement needs to have the following points to have legal effect:
First, the divorce agreement is the expression of the true meaning of both husband and wife, and there is no fraud or coercion;
Second, the content of the divorce agreement does not violate the mandatory provisions of the law;
Third, the divorce agreement does not infringe on the legitimate rights and interests of the state or others;
Fourth, apply for a divorce certificate according to the divorce agreement.
Extended data:
What should be included in the divorce agreement:
1, registered divorce is the expression of the true meaning of both parties;
2. Where does the child live with * * * *, and the expenses, payment methods and time limit that the party who does not live with the child should bear for raising the child;
3, * * * * and the division of property (the quantity and value of each party are indicated by a list);
4. * * * has the right to enjoy creditor's rights, debts and repayment obligations;
5. Solve the housing problem;
6. The way and time limit for providing financial assistance to the party with difficulties in life;
7. How to realize the visiting right of one party who does not live with the children and the obligation of the other party to assist;
8. Other matters that need to be agreed in the agreement;
9. Signature of both parties (seal or fingerprint);
10, the time of divorce agreement.
Signing a divorce agreement is only the first step in registering a divorce, that is, both parties reach a consensus on the divorce. However, China's "Regulations on the Administration of Marriage Registration" stipulates that marriage and divorce should be completed through registration.
If the divorce is not registered, the agreement will not take effect after it is signed. An agreement is a contract with conditions in civil law, that is, the agreement takes effect on the premise of divorce. If there is no divorce (after legal recognition), the agreement will not take effect.
References:
Baidu encyclopedia-divorce agreement