Insights

What is Ningbo Divorce Agreement Written to Leave No Later Suffering

Ningbo Author：LuXu WANG

The divorce agreement is not a format to fill in the blanks. If it is not well written, the window will not be granted a certificate. If it is serious, it will be overturned by a complaint in the future. If you want to write the property and children clearly at one time, you have to pay attention to the structure, wording and performance arrangement of the agreement, especially the time and subject matter details that seem irrelevant.

The premise of divorce by 1. agreement

A divorce agreement is a written document formed by consensus on the maintenance of children, the division of property and the handling of debts. Both parties need to jointly apply to the marriage registration authority, after a cooling-off period and jointly obtain a divorce certificate, the divorce clause in the agreement will take effect.

Voluntary is the bottom line of effectiveness

the agreement must be true and voluntary for both parties. If it is signed due to coercion or fraud, the relevant provisions can be revoked in accordance with the law afterwards, but the claimant has to bear the burden of proof, and is limited by the statutory time limit, and the opportunity to delay is gone.

What must be stated in the 2. agreement

the divorce agreement should generally set out the intention of the parties to divorce voluntarily, the child support arrangements, the property division scheme and the treatment of debts. If the core clause is missing, the registration authority may not accept it, and even if it is done, it will affect the subsequent implementation.

Three pieces of content are indispensable

children, property, debt three should be as complete as possible. It is too general to write only one sentence that the property has been clearly divided, and it is very easy to dispute a specific subject matter again in the future. Instead, it is necessary to fight one more lawsuit.

3. property division to write clear the subject.

Property write clear address and title certificate number, vehicle write clear license plate number and registration information, deposit write clear account bank and division method, equity write clear company name and transfer ratio. If the subject matter is clearly written, the accreditation and transfer links will not get stuck.

Transfer and compensation must be landed.

Who takes the house, who compensates how much, how many days to cooperate with the transfer, who will bear the remaining loans, overdue how to do, should be written to death. Vague self-consultation is often the starting point for future deadlocks in implementation.

4. child clause to be operational

the amount of alimony, the date of payment, the payment account, the time period, place and handover method of the visit should be as specific as possible. Written at any time to visit seems generous, the follow-up is the most easy to wrangle, the child's life stability is also the most unfavorable.

Time node for 5. registration and accreditation

agreed divorce requires two windows: after the first application is submitted, a 30-day divorce cooling-off period is entered, during which either party can withdraw the application; within 30 days after the expiration of the cooling-off period, both parties must jointly be present to apply for the issuance of a certificate. Those who fail to apply within the time limit shall be deemed to have been withdrawn, and the whole process shall start from scratch. In Ningbo, there is no charge for divorce registration by agreement. Both parties can make an appointment in advance through "Zhejiang Office" APP "Zhejiang Marriage". One party's household registration can be made in Zhejiang Province.

You can't step on the air for two 30 days.

Many people only remember the cooling-off period and forget that there is still a 30-day application period. It is not uncommon for business trips or hospitalization to miss the window. After the agreement is signed, the two dates will be marked into the calendar and the schedule will be arranged in advance if necessary.

6. Pits and Effectiveness Boundaries

there are three common types of pits: the right of visitation as a condition of exchange to write a permanent waiver clause, this kind of agreement because of the violation of the interests of children does not produce effect.

An agreement involving the rights and interests of a third person cannot be opposed.

The agreement can only bind the signatory parties. The part involving bank loans, parental contributions or company equity must also go through the corresponding change procedures or obtain the consent of a third party, otherwise the paper agreement will not fall to the ground at all.

7. case proof

in practice, the two sides stated in the agreement the location of the house, the title certificate number, the compensation amount of 520000 yuan and cooperated with the transfer of ownership within 90 days. After the certificate was issued, the two sides performed on schedule without any execution dispute.

In practice, the agreement only states that the division of property will be discussed separately, and the registration authority requires correction. After divorce, a separate lawsuit will be filed due to unclear subject matter, which will take about 8 months before and after.

In practice, one party claims to be coerced when signing the agreement but only oral statements, fails to submit any evidence within the statutory time limit, the revocation request is rejected, and the terms of the agreement continue to be valid.

The judgment practice of Ningbo court is consistent with this: according to the judgment case of property dispute after divorce published by Ningbo court, if the agreement states that the location and ownership of the real estate are legal and valid, the court supports the confirmation of property rights and requires cooperation in transfer of ownership; According to the judgment of Ningbo Ninghai Court (2011) Yong Ning Min Chu Zi No. 1335, the undivided houses at the time of divorce are still allocated according to evaluation after auction, the plaintiff gets 235000 yuan and the defendant gets 285000 yuan-disputes over vague terms will eventually have to be settled back in litigation (case source: Ningbo court judgment included in the marriage and family affairs knowledge base).

8. Risk Alert

  • the terms are so general that they cannot be enforced, leaving the dispute to future litigation.
  • The claim of coercion has failed to produce any evidence and the statutory deadline has expired.
  • Real estate vehicles do not write the title certificate number and license plate number, the transfer window will not accept.
  • The visiting clause is written as visiting at any time, and the handover arrangement has no grasp.
  • Completely ignore the terms of the debt treatment and are later recovered by the creditors.
  • If you miss the 30-day application period after the cooling-off period, the whole process will be canceled and started again.

9. FAQ

what must be written in the divorce agreement?

Voluntary divorce means, child support, property division, debt processing four, as far as possible complete.

How to write the property clause to be stable?

Write down the real estate certificate number, license plate number, account and equity ratio, and agree on the transfer period, compensation amount and loan commitment.

What about the terms of visitation?

The time period, place and handover method shall be as specific as possible to avoid such vague expressions as visiting at any time.

Can we go back on our word after signing the agreement?

The application may be withdrawn or amended before the license is obtained; after the license is obtained, the repentance must prove the existence of fraudulent coercion and be submitted within the statutory time limit.

How long is the cooling-off period?

30 days after the application is a cooling-off period, and there is a 30-day application period for obtaining a license after the expiration of the cooling-off period, which is deemed to be withdrawn.

Practical Experience of 10. Lawyers

divorce settlement is not to fill in the blanks with a template. If it is not well written, the window will not be allowed to handle the certificate and run back and forth several times. If it is serious, it will be overturned by a complaint in the future. All the concessions in front will be in vain. Structure, wording, and performance arrangements are all three things to be paid attention to, especially those seemingly irrelevant time and subject matter details, which are often the entrance to future disputes. The agreement is a document for many years to come. You can't just look at the day of signing. Before signing, put your mind at ease. What you sign under impulse will probably be regretted afterwards.

The property part should write down the subject matter: which suite, location, ownership certificate number, who belongs to, when to transfer, who bears the tax; The deposit should specify the account, amount, payment method and term; The debt should be written down and who should bear it. The child clause must be operable: who directly raises, how much alimony, how to pay, when to pay, and the specific time and method of visiting. Writing vague expressions such as "ready to visit" and "appropriate compensation" is tantamount to leaving the problem to later quarrels. Fulfilling the arrangement should also be accompanied by liability for breach of contract, otherwise the other party will not fulfill it, and you will have to fight another lawsuit to cash it.

A few pits to avoid: don't sign an agreement that is clearly unfair when it's emotional; don't show all your property cards too early in the negotiation period; and don't leave contradictory or unenforceable clauses in the agreement. Before signing, check the legal benchmarks one by one to confirm what you can really accept. The timing of accreditation should be closely watched. Once the other party goes back on its word or temporarily increases the price during the cooling-off period, all previous negotiations may return to zero. Therefore, it is better to keep claimable evidence for key clauses at the same time, leaving room for litigation in case the talks collapse.