1. The divorce agreement signed privately by the husband and wife at the time of divorce is generally legally binding. The divorce agreement written by some people may be invalid because it does not conform to the law. For example, the division of property involved in the divorce agreement infringes on the rights and interests of others, or the so-called agreement is not the result of consensus at all.
2. Legal basis: Article 1076 of the Civil Code of People's Republic of China (PRC) stipulates that if a husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office. 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.
Second, is the property after divorce owned by both parties?
Whether the property belongs to both parties after divorce depends on the agreement of both parties at the time of divorce. Property acquired during the marriage relationship does not belong to the joint property of the husband and wife before marriage. During the marriage relationship, from the date of legal marriage to the effective date of one of the spouses' death or divorce, the property acquired by the husband and wife during this period belongs to the joint property of the husband and wife, except as agreed. Husband and wife property belongs to * * * property, not exclusively to either party. When a husband and wife divorce, they should divide their property, and the undivided ownership of their property still belongs to their property. Unless otherwise agreed, one party shall obtain the consent of the other party. Therefore, the property of husband and wife that is not clearly owned at the time of divorce belongs to * * * after divorce.