When a marriage cannot be maintained, the couple will have the idea of ????divorcing. But sometimes the divorce process doesn't go smoothly due to discord between the two. If one person in a couple is unwilling to leave, it will be very troublesome.
Ways of divorce
Because legally, there is no automatic divorce provision, so even if the couple separates For many years, there has been no real relationship between husband and wife. From a legal perspective, the two people are still husband and wife.
There are only two legal ways of divorce: one is divorce by agreement; the other is divorce through litigation.
"Divorce Agreement"
Male: ××, born on ××year, month, and day, lives at ×××, ××× Road, ×× City, ID number: ×× × × × × × × × × × × × × × × ×.
Woman: ××, born on ××year, month, and day, lives at No. ×××, ××× Road, ×× City, ID number: ×××××.
The man and woman went through the marriage registration procedures at the ×× Civil Affairs Bureau (Office) on ××year×month×day. A son (female) ×× was born on ××year×month×day. Due to the personality differences between the two parties, the couple's relationship broke down and they could no longer live together, so there was no possibility of reconciliation. The two parties now reach the following agreement on voluntary divorce:
1. Both the man and the woman divorce voluntarily.
2. The son (daughter) ×× is raised by the woman, and the man pays maintenance fee of ××× yuan every month, which must be paid before the ×× date of each month until he reaches adulthood. (Note: If the child is required to pay until he or she graduates from college, a clear agreement must be made. Otherwise, there is no need to pay alimony after adulthood, and the child support can be changed to graduation from college)
As long as it does not affect the child's study and life. , the man can visit the children raised by the woman at any time. (Note: It may be agreed that the man can visit his son once a week on rest days or take his son out to play, but the woman should be notified in advance, and the woman should ensure that the man visits for no less than one day a week. This can be changed according to her actual situation)
3. The joint property of both parties during the marriage relationship shall be owned by each party, and the bank deposits under their respective names shall be owned by each party.
Both parties have a common property of husband and wife, a commercial house located in ×× room of ×× community on ×× Road, worth RMB × ×× million in cash, this amount shall be paid within 7 days after signing this agreement; the household appliances and furniture in this room belong to the woman ×× (Note: The furniture list can be signed separately as an attachment, and the necessary furniture and quantity). The procedures for changing the name of the owner of the real estate certificate must be handled within one month after the divorce. The man must assist the woman in completing all the procedures for the change, and the woman is responsible for the transfer fees. (Note: The agreement on change of property rights procedures is also very important!)
4. There are no common claims or debt disputes during the marriage relationship between the parties. If it is discovered in the future, whoever handled it will be responsible. If the man/woman bears responsibility due to the man/woman's external borrowing, the full amount can be recovered from the other party. (Note: This clause may only be effective internally and cannot be used against creditors. However, according to this clause, you can recover from the other party after assuming liability. Nowadays, it is very difficult for creditors to prove that they are joint debts of husband and wife, and they are generally recognized as personal debts. Therefore The importance of this clause is not as great as before. However, the Zhejiang High Court has issued relevant opinions that debts below 200,000 yuan may be presumed to be used for the daily life of the couple, and then deemed to be joint debts of the couple).
5. The property division in this agreement is based on the properties listed above. Neither party may conceal, falsely report, or transfer joint property or pre-marital property. If either party conceals or falsely reports property other than those listed above, or transfers or evacuates property within two years before signing this agreement, the other party shall have the right to obtain all shares of the property concealed, falsely reported, or transferred by the other party upon discovery. , and hold them legally responsible for concealing, falsely reporting, or transferring property. The party who falsely reported, transferred, or concealed the property shall not have the right to divide the property.
6. Due to the woman’s difficulty in living, the man agrees to pay a one-time compensation of financial aid to the woman. In view of the man's reasons for requesting divorce, the man should compensate the woman for mental damage in the amount of 10,000 yuan at a time. The above-mentioned amounts payable by the male party should be paid before the date of year and month.
7. If either party fails to perform its payment obligations within the time limit stipulated in this agreement, it shall pay liquidated damages of RMB 10,000 to the other party.
8. If any dispute arises during the execution of this agreement after it comes into effect, the two parties shall resolve it through negotiation. If negotiation fails, either party may bring a lawsuit to the XXX People's Court.
9. This agreement is made in triplicate. It will take effect from the date the marriage registration authority issues the "Divorce Certificate". Each party will hold one copy, and one copy will be submitted to the marriage registration office for filing.
The man: ×× The woman: ××
××××年××月××日
