The terms of the separation agreement are clearly signed and sealed by both men and women voluntarily. The invalidity of one agreement does not affect the establishment of other valid clauses, and the separation agreement can only be used as proof of the length of separation between the two parties at the time of divorce.

Relevant laws

Marriage law takes "separation for two years due to emotional disharmony" as the standard for the court to determine whether the relationship between husband and wife has broken down. Under this condition, if mediation fails, divorce should be granted. However, in judicial practice, if the parties file for divorce on the above grounds, they must bear the burden of proof.

However, in real life, whether the husband and wife are separated, the reasons for separation and the length of separation are purely personal privacy, and it is usually difficult for the parties to prove, which makes the criteria for determining that the relationship between husband and wife has indeed broken down in an objective state and hinders the fair trial of divorce cases. If the husband and wife signed a written separation agreement before the divorce proceedings, it just provided evidence support for the determination of the fact of separation.

Data expansion

Separation agreement is not a strict legal term, and it has never appeared in the legal provisions of China. Separation agreement generally refers to a written agreement between husband and wife to terminate the obligation of cohabitation without dissolving the marriage relationship.