How to write a divorce agreement?
Divorce agreement is an opinion reached by both parties on divorce matters such as child support, property division and debt commitment. Generally speaking, the divorce agreement needs to include the following contents, but the specific contents will be different according to the actual situation of both parties:
1, basic information of husband and wife;
2. The first paragraph of the divorce agreement shall specify the marital status of both parties, including the time of marriage registration, whether to have children after marriage, the reasons for the dissolution of the marriage relationship, and the expression of willingness of both parties to divorce.
3. Consensus on issues such as child support, property and debt handling. "Agreeing on matters such as child support, property and debt handling" is a necessary content of divorce by agreement.
Tips: The content of divorce agreement seems simple, but it contains many complicated legal relationships. If it is not clearly defined, it will have a great impact on both sides in the future. Therefore, it is suggested that both parties should find a professional lawyer to help draw up a divorce agreement, or consult a professional lawyer after drawing up a divorce agreement to see if there are relevant legal risks and avoid future disputes.
Legal basis:
Items (1), (2) and (3) of Article 1079 of the Civil Code stipulate that if one of the spouses requests a divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people's court. When trying divorce cases, the people's court shall conduct mediation; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted. Divorce shall be granted if mediation fails under any of the following circumstances: (1) bigamy or cohabitation with others; (2) committing domestic violence or abusing or abandoning family members; (three) gambling, drug abuse and other bad habits; (four) separated for two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the marriage relationship.