[Separation agreement] Matters needing attention when signing a separation agreement during marriage
Guide: how to deal with the common property during the separation, if one party borrows money in his own name during the separation, should this loan belong to the joint debt of the husband and wife? The two parties can agree in this separation agreement, such as Say that if you borrow money to support the elderly or raise children, then this is a joint debt of the husband and wife, then if not
Today I will share with you the main issues that are needed to sign a separation agreement in marriage. The following is the introduction of a divorce lawyer in Beijing to introduce the content of the separation agreement between husband and wife. First of all, when we sign a separation agreement between husband and wife, we must agree on the rights and obligations of husband and wife. What are the rights and obligations of the two parties during the separation? The second is the custody of the children. Who has the children to be raised in rotation or has been raised by the man or the woman? Is the child's maintenance costs shared by both parties? How to pay, how much is paid, who will raise it, etc.
The third is how to deal with the common property during the separation. If one party borrows money in his own name during the separation, should the loan belong to the joint debt of the husband and wife? The two parties can agree in this separation agreement. For example, if the money you borrow is used to support the elderly or raise children, then this is a joint debt of the husband and wife. If not, it is not a joint debt of the husband and wife, depending on the agreement between the two parties.
The fourth is that at the time of separation, China ’s marriage law stipulates that separation is due to emotional disagreement and separation for two years, which is a case where divorce should be decided. In principle, the separation agreement should not exceed two years. If the couple wants to divorce for more than two years, they can take the separation agreement to the court to sue for divorce. You can go to court to file a divorce with your mobile phone.
Fifth, it is agreed in the separation agreement that after the spouse has signed a separation agreement, if the divorce problem is faced in the future, how should the spouse's common property be divided? This aspect can also be agreed. At this time, you must choose carefully because When it comes to divorce in the future, you have to consider the long-term. In general, what about you then? However, if the couple has already considered it, if the two parties want to continue the separation agreement or the time comes to achieve a place and a divorce agreement, they will also be recognized. A decision can be made on the destruction of property.
Then when do we both sign the agreement and when will we break down the blood into effect? I and our regulations, once this agreement is signed and approved by both parties, it will take effect. Some parties will consider whether the court will sign the separation agreement. Approval, or the effect of such a signature. In fact, our contract also clearly stipulates that if the contract signed by the two parties does not violate the mandatory provisions of the law, according to the general provisions of the civil law, this type of contract is valid. As long as it does not violate the mandatory provisions of the law and social public order and good customs, this agreement is Effective.