1. Both parties who agree to divorce have gone through divorce formalities at the Civil Affairs Bureau and obtained divorce certificates;
2. The contents of the divorce agreement comply with the law and do not violate the mandatory provisions of laws and regulations;
3. After receiving the divorce certificate, the divorce agreement will take effect;
4. A written agreement on matters related to the dissolution of the marriage relationship voluntarily signed by the husband and wife with the approval of the marriage registration authority or the court due to emotional breakdown;
5. If both parties fail to get a divorce, and one party goes back on his word in the divorce proceedings, the people's court shall determine that the property and debt settlement agreement has not come into effect, and make a judgment according to the actual situation.
The process of divorce by agreement:
1. Both divorced men and women * * * apply to the marriage registration authority of the county civil affairs bureau (or the town people's government) where one party's permanent residence is located;
2. Both parties shall fill in the Declaration of Application for Divorce Registration and sign with their own hands or fingerprints;
3. Both parties personally sign the divorce agreement in front of the marriage registrar;
4. The marriage registration authority shall examine the documents, agreements and supporting materials submitted by the divorced parties, and register them if they meet the requirements for divorce registration.
To sum up, after the divorce agreement is signed, it will take effect only after going through the divorce formalities at the marriage registration office.
Legal basis:
Article 1077 of the Civil Code of People's Republic of China (PRC).
Within 30 days after the marriage registration office receives the application for divorce registration, if either party is unwilling to divorce, it may withdraw the application for divorce registration from the marriage registration office.
Within thirty days after the expiration of the time limit specified in the preceding paragraph, both parties shall personally apply to the marriage registration office for a divorce certificate; Those who fail to apply shall be deemed to have withdrawn their application for divorce registration.