A divorce property agreement is an agreement signed between couples who are preparing for divorce. The content includes an agreement on the personal property of both spouses, property acquired after marriage, credits and debts, and the support of minor children. This agreement will be signed after the divorce. It is legally binding on both spouses.
When drafting a divorce agreement, you should pay attention to the following matters:
1. It needs to be in writing;
2. State the names, identities, and residences of both spouses;
3. Time for marriage registration;
4. List the pre-marital property of both spouses (for movable property, state the name and current market price; for immovable property, state the address of the property certificate, the name of the owner, and the date of registration);
5. List the sources of post-marital property income of both spouses (such as wages, bonuses, labor remuneration; income from production, operation, and investment; income from intellectual property rights; demobilization fees and job transfer fees for military personnel; pension income, etc.);
6. How to distribute property inherited or donated after marriage;
7. Indicate how the husband and wife will distribute their property before and after marriage;
8. Who should bear the debts incurred by the couple before and after marriage;
9. Who will raise the minor children and who will pay the child support? Please indicate how much it will cost each month and how it will be paid;
10. Time limit, place and method of performance;
11. Liability for breach of contract;
12. Methods of resolving disputes;
13. Leave a place for both parties' signatures and the date of signing. This agreement needs to be signed in front of the divorce registration staff.
Relevant legal provisions
Article 1062 of the Civil Code: The following properties acquired by a husband and wife during the marriage relationship shall be the joint property of the husband and wife. Owned jointly by the husband and wife:
(1) Wages, bonuses, and labor remuneration;
(2) Income from production, operation, and investment;
(3) Income from intellectual property rights;
(4) Inherited or donated property, except as provided for in Paragraph 3 of Article 1063 of this Law;
(5) Other property that should be owned by the consortium.
Husband and wife have equal rights to handle the same property.
Article 1063 of the Civil Code: The following properties are the personal property of one spouse:
(1) Pre-marital property of one party;
(2) Compensation or compensation received by one party due to personal injury;
(3) Property determined to belong only to one party in the will or gift contract;
(4) Property exclusively owned by one party Daily necessities;
(5) Other property that should belong to one party.
Article 1065 of the "Civil Code": Both men and women may agree that the property acquired during the marriage and the property before marriage shall be owned by each other, jointly owned by them, or partly owned by each of them, or partly owned by them. **Same as all. The agreement should be in writing. If there is no agreement or the agreement is unclear, the provisions of Articles 1062 and 1063 of this Law shall apply.
The agreement between husband and wife regarding the property acquired during the marriage and the property before marriage is legally binding on both parties.
The husband and wife agree that the property acquired during the marriage shall be owned by each other. If the other party knows the agreement, the debts borne by the husband or wife shall be paid off with the personal property of the husband or wife.