Party A: Male, Han nationality, born, living, ID number: Tel:
Party B: female, Han nationality, born, living, ID number: Tel:
Party A and Party B met in August 20 14 and got married in Pingnan, Guangxi on September 23, 20 14. After marriage, the two had no children, and the relationship between husband and wife really broke down because of sexual incompatibility. Now, there is no possibility of reconciliation.
1. Both parties divorce voluntarily.
Second, the husband and wife * * * with property treatment:
⑴ Deposits: The bank deposits in the names of both parties belong to their own.
⑵ House: The ownership of all the houses registered in the name of Party B and located in Qingqing, Lushan, Wu Yong belongs to Party A, and the name change formalities of the owner of the real estate license shall be handled within 30 days after the divorce. Party B must assist Party A in handling all the change procedures, and the transfer fee shall be borne by Party A. Party A shall compensate Party B for the difference of house price by _ 201912 _ 31at one time.
⑶ Other property: Before marriage, both parties' property belongs to their own, and their personal daily necessities and jewelry belong to their own (attached list).
Third, the handling of debts:
Party A and Party B confirm that there is no debt during the marriage relationship. If either party has foreign debts, it shall be borne by the debtor.
Four, a party to conceal or transfer the joint property of husband and wife's responsibility:
Party A and Party B confirm that the joint property of husband and wife has been 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.
5. Both parties confirm that the other party is a person with full capacity for civil conduct and can dispose of his own behavior and property by himself.
6. This agreement shall have legal effect after being signed by both parties, and shall come into effect when valid legal documents come into effect. Both parties promise to be very clear about the meaning of this agreement and are willing to fully implement this agreement without coercion, fraud or misunderstanding.
Seven. This agreement is made in triplicate, one for each party and one for the marriage registration department. It takes effect after both parties sign it and the marriage registration authority goes through the corresponding formalities.
Party A: Party B:
Year, month, sun, moon, sun.
Extended data
Let's talk about how to sign a divorce agreement from several specific aspects:
(1) The content of the divorce agreement is too simple, and the operability is not strong.
For example, the agreement stipulates: "Both parties agree to divorce; The daughter is raised by the man; The property has been divided and both parties have no objection to this. "
The issue of child support is not controversial, and even if it is controversial, it can be easily resolved through the court. However, there is a big loophole in the property issue. "Property has been divided" means that the two parties have reached an agreement on the amount of property, division scheme and distribution quantity, and the disposal has been completed. However, what property and how to divide it are not reflected in the agreement. In this way, there will be two opposing views:
First, since the division of property has been completed, it means that there is no need to divide the property, and whoever has the name will own it;
Second, since there is no clear agreement on the specific items and disposal methods of property, it should be regarded as unclear and indivisible and should be divided according to law.
Because of the great controversy, it is difficult to negotiate, so the general solution can only be resorted to the court.
(2) Some general terms of divorce agreement are too broad, which may hurt the disadvantaged party.
For example, the agreement stipulates that "other property under the names of both men and women belongs to each other" or "there is no other property dispute between men and women". In general, the agreement signed by both parties at the time of divorce by agreement is based on their understanding of each other's property at the time of signing. However, after the divorce, one party finds that the other party has hidden property or deposits, but according to this clause, it is very likely to lose the chance of winning the case. So this clause is risky.
(3) Agreement and handling of the loan house.
Generally speaking, as long as the husband and wife reach a divorce agreement on the division of real estate and change the main lender, the bank will generally agree and cooperate with the loan contract change procedures.
However, some couples have a long loan period, such as a repayment period of 30 years and a high monthly repayment amount, such as more than 4,000 yuan. The monthly salary of the changed borrower is less than twice the loan amount. Unless the parties provide another guarantor or take other insurance measures, banks will generally not agree to change the main lender or reduce the co-mortgagor. Therefore, couples should pay attention to whether the bank agrees to change the main lender or reduce the number of mortgagors before dividing the property by agreement.
In addition, in the process of bank loan change, both parties are generally strictly required to be present, and one party refuses to go through the change procedures. If one party is not present, it may entrust an agent (including a lawyer) to handle the alteration formalities, and the relevant power of attorney must be notarized.
If it does not involve bank loans, the parties go to the real estate trading center to handle the formalities of property right change, and the real estate trading center generally requires both husband and wife to be present. Therefore, the signing of divorce agreement is important, but the implementation of divorce agreement is more important. After divorce, both sides should be honest and cooperate with each other.
But many times, honesty is just empty talk. After divorce, there is often resentment between men and women, and there are many cases where one party fails to fulfill the divorce agreement. Therefore, the divorce agreement should specify the punishment measures for one party's failure to fulfill its obligations, so as to urge the obligor to fulfill his obligations. For example, the penalty for not paying the house payment within the time limit and the legal consequences of not cooperating with the formalities for changing property rights.
Finally, I would like to remind you that according to the Official Reply of State Taxation Administration of The People's Republic of China, People's Republic of China (PRC) on whether to levy deed tax on the change of house ownership after divorce (Guo Shui Han [1999] No.3965438 +065438+June 3, 0999), husband and wife * * * have a house and * * have property. Because of the division of husband and wife's property, the original property right of the house belongs to one party, which is the change of the right of the house, not the transfer of the property right of the house taxed by the current deed tax policy.
Therefore, after the divorce, the deed tax is not levied on the original property owner. Therefore, if the property owner changes because of the divorce of husband and wife, there is no need to pay deed tax. This can avoid the deed tax of 65438+ 0.5%-3% of the house price.
(4) Agreement and handling of bank deposits.
In husband and wife's life, the general bank deposits are mainly in the name of one party, while the other party, especially some men who don't care too much and are busy with their careers all day, often don't know which bank their savings are in, or even how much money they have at home.
In order to divide property transparently and prevent property from leaking, the divorce agreement also needs to specify the amount of deposit, whose name and which bank. If the payer fails to perform his obligations after the divorce, the other party may bring a lawsuit to the court in time and find out the withdrawal of the deposit and the whereabouts of the money in time according to the deposit information recorded in the divorce agreement.
In many divorce agreements, the handling of bank deposits is often agreed as follows: "The deposits in their respective names belong to their own". We think there are good and bad agreements, and the advantage is that writing saves effort and ink.
The disadvantage is that if one party still has deposits unknown to the other party, even if the other party knows that one party still has bank deposits after the divorce, it is difficult to ask for division. After all, it has been agreed that "the deposits in their respective names will be owned by them at the time of divorce". Therefore, such an agreement is beneficial to those who have money and do not report it. Such an agreement may actually make the division of marital property unfair.
Therefore, in order to achieve the goal of fairness and justice, we still suggest that both husband and wife list the bank deposits in their respective names in detail, including the bank, account name, account number, deposit balance, currency, etc. By the time the divorce agreement is signed. In this way, if one party finds that the other party's deposit is not recorded in the divorce agreement after divorce, it can demand division or even demand that the deliberately concealed party get less points or even no points through litigation.
(5) Agreement and handling of stocks.
In the divorce agreement, the two parties generally only agree on the total market value of the shares under one party's name. In this way, if one party fails to fulfill its payment obligations and the other party brings a lawsuit to the court, it will be more troublesome and difficult to inquire because it does not know the specific stock market information of the other party. Therefore, in the divorce agreement, if the shareholder code, account number, and which stock exchange to open an account in, it will greatly save unnecessary trouble.
In addition, in reality, people are often invited to buy stocks on their behalf, that is, one spouse buys stocks with the same property instead of opening an account in his own name, but uses the funds of both spouses to trade stocks in the name of others. Many parties have noticed this in the divorce agreement, and clearly agreed that this share capital is the same property.
However, the court cannot directly adopt such an agreement. If the agent does not recognize the relationship between stock trading or account lending, or has any objection to the amount of funds and the types of stocks, the court will support the request of both husband and wife. Therefore, in the divorce agreement, it is absolutely necessary to make the necessary provisions on the signature of the agent, and even make a separate agreement on the stock signed by the three parties.
(6) Agreement and treatment of the company's equity.
More and more marriage disputes involve the division of company equity. If one or both of the husband and wife have shares in the company, the usual practice is that the husband and wife agree that one party holds shares and give the other party compensation for consideration. If so agreed, both parties only need to agree and accept the price and payment method.
However, if the husband and wife decide to pay part or all of the company equity owned by one party to the other party through agreement, they must also comply with the relevant provisions of the Company Law.
The Supreme People's Court's "Interpretation on Several Issues Concerning the Application of Marriage Law (II)" stipulates that the trial of divorce cases involves the joint property of husband and wife, and the amount of capital contributed by one party in the name of a limited liability company and the other party is not a shareholder of the company shall be handled separately according to the following circumstances:
(1) Both husband and wife agree to transfer part or all of their capital contribution to the spouse of the shareholder. If the other shareholders explicitly waive the preemptive right with the consent of more than half of the shareholders, the spouse of the shareholder may become a shareholder of the company;
(2) After the husband and wife reach an agreement on the transfer share and transfer price of the capital contribution, if more than half of the shareholders do not agree to the transfer, but are willing to buy the capital contribution at the same price, the people's court may divide the property obtained from the transfer of the capital contribution. If more than half of the shareholders do not agree to the transfer and are unwilling to purchase the capital contribution at the same price, it is deemed that they agree to the transfer, and the spouse of the shareholder can become a shareholder of the company.
(7) Agreement and treatment of payment obligations.
Generally, in the divorce agreement, the husband and wife only agree on the amount and payment period of each other. For example, the man pays the woman RMB100000 yuan within one month after completing the divorce procedure.
However, this agreement does not punish the party who intentionally delays the performance. Therefore, it is suggested to add a sentence: "If the payment is not made on time, the penalty interest will be charged at twice the bank loan interest rate in the same period". In this way, if the payer fails to perform on time, he will feel the pressure of penalty interest, thus achieving the purpose of punishment.
(8) Agreement and handling of child support.
Generally, it can be agreed that alimony will be paid until the child is eighteen or lives independently. According to the judicial interpretation (1) of the Supreme Court, parents are not obliged to pay alimony to their children after they finish their high school education. However, from the reality, they can't live completely independently when they are in college or even after graduation, and parental support is quite common.
We believe that in the absence of an agreement on the parental rearing period, the parental rearing period should be applied after the completion of the statutory high school education stage; If the parents have a clear agreement on the period of support, the agreement of the parents shall apply. For example, parents agree to pay alimony until their children graduate from college. If one of them refuses to perform after the child goes to college, the child has the right to ask for alimony.