1. The contents of the agreement are voluntary, legal, fair and reasonable, and the signatures of both parties have legal effect and can be notarized or witnessed by lawyers.
Second, the content of the agreement should be true, there should be no coercion, and one party should not be deprived of its due rights. The key points are voluntary divorce, property division and child support.
Third, you'd better ask a lawyer to review and draft a divorce agreement for you.
It is worth noting that the divorce agreement must not violate the law. 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.
First, the divorce agreement template
Male: XXX, male, Han nationality, born in _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Female: XXX, female, Han nationality, born on.
This man and this woman met in _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Now the husband and wife have reached an agreement through voluntary negotiation, and the divorce agreement is as follows:
First, both men and women voluntarily divorce.
Two, children's support, maintenance and visitation rights:
Son/daughter _ is raised by the woman and lives with her. The man should be solely responsible for the maintenance. The man shall pay _ yuan to the woman as his daughter in one lump sum before _ _ _ _ (/The man shall pay _ yuan every month, and the man shall pay the daughter's support to the woman or the designated XX bank account: _ _ _ _ _ _ _ before 1-5 every month.
The man can visit the children raised by the woman without affecting the children's study and life. (/The man can visit his daughter once a month or take his daughter out to play, but he should inform the woman in advance and the woman should ensure that the man visits at least one day a month. )
Three, husband and wife * * * with property:
(1) deposit: the existing bank deposit in the names of both parties is * * * _ yuan, which shall be shared equally by both parties. Distribution method: The deposits in their respective names remain unchanged, but the man/woman shall pay RMB _ _ _ to the woman/man in one lump sum before _ _ _ _ _.
⑵ House: The ownership of the house in XXX jointly owned by husband and wife belongs to the woman, and the name of the owner of the house property certificate shall be changed within one month after divorce. The man must assist the woman to handle all the formalities of change, and the transfer fee shall be borne by the woman. The woman shall compensate the man for the difference in house price of _ _ _ _ _ _ _ _ _ _ _ _.
⑶ Other property: Before marriage, each party's property belongs to the other party, and each party's personal daily necessities and jewelry belong to the other party (attached list).
Four. Handling of debts:
Both parties confirm that there is no debt during the marriage relationship. If either party has foreign debts, it shall be borne by the debtor. (The debts borrowed by Party A/on _ _ _ _ _ _ _ _ _ _ _ _ shall be borne by Party A)
Five, a party to conceal or transfer the joint property of husband and wife's responsibility:
Both parties confirm that the joint property of husband and wife has been clearly listed in Article 3 above. Except for the above-mentioned houses, furniture, household appliances and bank deposits, there is no other property, and either party shall guarantee the authenticity of all the above-mentioned marital property.
The division of property in this agreement is based on the above-mentioned property. Neither party may conceal, falsely report or transfer the property of husband and wife or pre-marital property. If either party conceals or falsely reports any property other than the above-mentioned property, or transfers or absconds the property within two years before the signing of this agreement, the other party has the right to obtain all the shares of the property concealed, falsely reported or transferred by the other party, and shall be investigated for its legal responsibility for concealing, falsely reporting or transferring the property. The party who falsely reports, transfers or conceals has no right to divide the property.
The intransitive verb financial aid and compensation for mental damage;
Because the woman's life is difficult, the man agrees to pay her compensation and financial help in one lump sum. In view of the reason why the man asked for a divorce, the man should compensate the woman for mental damage in one lump sum. All the money payable by the above-mentioned man shall be paid before _ _ _ _.
Seven, the provisions of the liability for breach of contract:
If either party fails to fulfill its payment obligations within the time limit agreed in this Agreement, it shall pay the other party a penalty of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Eight. Agreement on the Effective Time of this Agreement:
This agreement is made in triplicate and shall come into effect as of the date when the marriage registration authority issues the divorce certificate. Each party holds one copy, and the marriage registration authority keeps one copy.
Nine. After this agreement comes into effect, if there is any dispute during the implementation, both parties shall settle it through consultation. If negotiation fails, either party may bring a lawsuit to the people's court of XXX.
Male: _ _ _ _ _ Female: _ _ _ _ _ _ _
Signature: _ _ _ _ _ Signature: _ _ _ _ _ _
_ year _ month _ day _ year _ month _ day
Second, how to write the divorce agreement and the property distribution will take effect.
1. Divorce property distribution is written like this. State the basic information of both parties; Indicate the time of applying for divorce; Explain in detail the property and its distribution in the family; Indicate the child support expenses; The person liable for the arrears during the existence of the relationship between husband and wife; Write down the signature and year, month and day of the agreement. The divorce agreement will not take effect until the divorce certificate is issued. It is concluded that the divorce agreement is established when both husband and wife reach a consensus, that is, when both parties sign it.
2. If the 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.
3. It needs to be stated in the agreement that divorce is the true meaning of both parties; Need to deal with property division, child support, debt and other issues; The facts and reasons for divorce also need to be clearly written.
legal ground
Article 1076 of the Civil Code: 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.
Article 1077 of the Civil Code of People's Republic of China (PRC) * * * Within 30 days from the date when 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.