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Does the divorce agreement need to be stamped?

The divorce agreement needs to be stamped.

The divorce agreement does need to be stamped to be effective. According to regulations, a divorce agreement signed by both spouses must be signed or sealed by both parties, and must be reviewed by the marriage registration authority. Afterwards, the marriage registration agency will stamp the official seal of the agency on the agreement. Only after the thirty-day divorce cooling-off period has passed and both parties have received the divorce certificate will the divorce agreement officially take effect. Usually, three copies of the divorce agreement will be made, with each spouse keeping one copy and the marriage registration authority keeping one copy. This process ensures the legal validity of the divorce agreement and protects the rights and interests of both parties.

The legal effect of the divorce agreement:

1. The divorce agreement is a written agreement reached by the couple on divorce matters;

2. The content of the agreement usually includes Property division, child support, debt settlement, etc.;

3. The divorce agreement must express the true wishes of both parties and does not violate legal provisions;

4. The agreement has certain legal requirements The binding force can be used as evidence in divorce proceedings;

5. If the content of the agreement is fair and reasonable, the court will usually confirm it;

6. Once the agreement is reviewed and confirmed by the court, Have legal enforceability.

7. When registering for divorce, the divorce agreement must be submitted to the civil affairs department as one of the necessary documents.

8. If the agreement is not notarized and one party regrets it, the dispute may need to be resolved through litigation.

9. The notarized divorce agreement has strong legal effect and can be directly used for execution.

10. The seal usually refers to the notary seal of the notary office, which can enhance the legal effect of the agreement.

11. An unsealed agreement is still legally valid, but may be less enforceable.

12. Stamping is not a mandatory requirement, but it will help improve the formality and credibility of the agreement.

13. In some cases, if the agreement involves the transfer of important property such as real estate, notarization may be required.

14. The notarization fee shall be borne by both parties through negotiation or in accordance with the charging standards of the notary institution.

15. Clearly stipulating various matters in the agreement will help avoid future disputes.

16. The agreement should record in detail the basic information of both parties, the content of the agreement, the date of signing, etc.

17. Both parties should each keep a copy of the agreement for emergencies.

18. When signing an agreement, it is recommended that both parties be as detailed and clear as possible and avoid ambiguity.

19. Once the agreement is signed, it must be abided by unless the two parties negotiate for changes again.

20. In actual operation, it is recommended to sign an agreement under the guidance of a lawyer or professional.

To sum up, the divorce agreement needs to be sealed to take effect. It can only take effect after it has been signed or sealed by both spouses, reviewed by the marriage registration authority and a thirty-day cooling-off period to protect the rights of both parties. rights and interests.

Legal basis:

"The People's Republic of China and the Civil Code"

Article 1076

Husband and wife If both parties wish to divorce voluntarily, they must sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority. The divorce agreement should state the intention of both parties to divorce voluntarily and the consensus on matters such as child support, property and debt settlement.