How to write a separation agreement without divorce? Marriage is very important. Marriage is the destination of a woman's life, so be careful before marriage. Some couples in life may separate and divorce because of emotional discord. So how to write a separation agreement without divorce?
How to write the 1 separation agreement without divorce?
1, write down the basic information of both men and women. Including the names, ages, nationalities, addresses and ID numbers of both parties.
2. State the general situation of marriage, the facts and reasons of separation. State marital status, how to get married, whether you have children, etc. It should also be noted that the husband and wife are separated through consultation because of emotional disharmony, and the separation agreement reached is the true expression of both parties.
3. Specify the duration and conditions of separation. It is very important to specify the start time and end time of resignation in the resignation agreement. In addition, it is necessary to clarify the addresses of both parties during this period and agree not to fulfill the obligations of husband and wife.
4. Clarify the ownership of property during separation. It may be agreed that the income and property obtained by both parties during the separation period shall belong to each other and shall not be treated as the property of husband and wife. If either party has foreign debts, it shall be borne by the debtor.
5. Temporary support for children during separation. If there are children, it is necessary to specify in the agreement whether the children will be raised by one party or by both parties in turn. In principle, the maintenance fee is shared by both parties, and the other party has the right to visit the children. Specific details can be further determined by both parties.
6. Termination of employment. If the two sides are reconciled, they can voluntarily agree to restore normal husband and wife relations; If the contradiction between the two parties worsens, one party may file a divorce lawsuit with the court.
7. Sign by handprint and indicate the specific date. In principle, the agreement will take effect once it is signed, but it does not rule out that the parties wish to confirm the separation agreement through notarization. Because the application of separation agreement in China is not wide enough, different notary offices have different ways to deal with it. If it can't be notarized, it can be enhanced by the way of lawyer's witness.
How to write a separation agreement without divorce II? Can the separation agreement be legally effective?
Separation agreement refers to a written agreement between husband and wife that does not dissolve the marriage relationship, but does not fulfill the cohabitation obligation in the spouse's right within a certain period of time, and stipulates other related rights and obligations. Generally, it is used as a transition period and cooling-off period before divorce to help the parties make more rational choices.
China's civil law supports autonomy of will, and also supports the parties to conclude a contract based on mutual consent, so the separation agreement can take effect, provided that it meets the basic conditions for the contract to take effect, such as the subject is suitable, the content does not violate the law and public order and good customs, the will is true, and the parties are equal and voluntary.
The most important role of separation agreement in current judicial practice is that it can be used as evidence that "husband and wife have been separated for two years" at the time of divorce to claim relevant facts, but at the same time, the law also stipulates that separation must be "due to emotional disharmony". Therefore, when we advocate this situation as the reason for judging the breakdown of feelings, we should also pay attention to proving the specific branch reasons.
Second, what should be stipulated in the resignation agreement?
First of all, the separation agreement needs to stipulate the time limit or conditions for starting and ending the separation, including the place of life, lifestyle, whether the two parties meet regularly and other issues related to the rights of spouses, which are the main contents involved in the separation.
Secondly, in terms of property, the separation agreement needs to stipulate the management mode of husband and wife's property during separation, the new property, the way of ownership and division, and the way of repayment of debts, so as to prevent property disputes from occurring when the two sides do not live together and cannot fully understand the situation.
Finally, couples with children should also reach an agreement on who will directly raise and take care of the children, pay alimony and visit rights during separation. The agreement on related rights and obligations during separation is not only to prevent disputes during cohabitation, but also to provide evidence support for subsequent identification of relevant facts.
3. What should I pay attention to when signing the resignation agreement?
Since the signing of the separation agreement is probably the pre-procedure of divorce, considering that it is difficult to deal with the related property and personal relations in the later divorce, in addition to specifying the specific separation period, date and method, it is also necessary to explain "emotional disharmony" in the reasons for separation, so as to determine the divorce in the later litigation.
In the agreement on property, in addition to the property gains and debts generated during the separation period, it is also necessary to make an agreement on how to deal with the property of the former husband and wife, and it is also necessary to restrict the family agency rights of both parties on the premise of not fulfilling the rights and obligations of the spouses during the separation period.
After signing the separation agreement, you can consult the notary office about whether the civil agreement can be notarized. Because the separation agreement has not been widely used in China at present, different notary offices may have different handling methods. If it can't be notarized, you can find a lawyer or other witnesses to witness it and enhance its effectiveness.
The gradual application of separation agreement in China is a manifestation of people's increasing legal awareness. When encountering marriage problems, you can think calmly and buffer through agreement, which is a good way to help both husband and wife understand themselves, each other and their marriage relationship, whether it leads to divorce or restoration of marriage relationship.
However, the development of separation agreement in China is still very short, and there are few cases and related studies on its application and identification. If you have related needs or doubts and need further answers and consultation, you can contact a professional lawyer to help you answer them.
How to write a separation agreement without divorce 3 1 How can a separation agreement have legal benefits?
1. conforms to the relevant provisions of the Marriage Law and the General Principles of the Civil Law. After your consultation, the lawyer can sign on your behalf, and both parties should sign.
2. The property agreement signed between husband and wife, as long as it does not violate the mandatory provisions of the state, does not infringe on the interests of the collective and others, and is the true intention of both parties, has legal effect in itself.
3. The content is legal, the meaning is true, and it is legal and effective.
Second, the problems that should be paid attention to in the resignation agreement.
1, stipulating the rights and obligations of both parties. Especially during separation, husband and wife are no longer obliged to live with their husbands or wives.
2, the agreement should explain who will raise the children, how to bear the maintenance fee, and how to exercise the visiting rights.
3. Property during separation can be agreed. If there is no agreement or no agreement can be reached, it is still regarded as the joint property of husband and wife. If both parties agree, it can be stipulated in the agreement that during the separation period, both parties will no longer enjoy the right of family agency (but they can't fight against a bona fide third party), and if one party violates it, it will compensate the other party for its losses.
4. The term of leaving should be three months to two years. At the expiration of the time limit, if one party still thinks that the feelings can't be reconciled and asks for a divorce, it can agree to divorce or bring a lawsuit to the court with this agreement.
5. Termination of resignation. Separation by agreement can be terminated on the basis of mutual consent, but the termination of separation should be signed in writing or notarized.
6. In practice, almost all notary offices have not explicitly included the separation agreement in the notarization scope of civil agreements. If a party refuses to accept it at the local notary office, he can choose to find a lawyer from the local law firm to witness it, or two neighbors can witness it at the same time, or as long as both parties sign and approve it at the same time, notarization and witness are not needed.