How to agree on the divorce agreement
Introduction: One is agreement divorce and litigation divorce. In agreement divorce, couples will make some agreements in the divorce agreement when they divorce. Due to lack of legal knowledge, some agreements violate the mandatory provisions of the law and are invalid. This agreement is not legally binding on the parties.
Today our Beijing divorce lawyer takes everyone to learn how to write a divorce agreement. It is well known how a divorce agreement should be effective. Divorce is divided into two forms: one is agreement divorce and lawsuit divorce. During the divorce, some agreements will be made in the divorce agreement. Due to the lack of legal knowledge, some agreements violate the mandatory provisions of the law and are invalid. Such an agreement is not legally binding on the parties, so when the other party violates such an agreement, they cannot be held legally responsible. How many forms does an invalid agreement have?
1. Invalid agreement. If the contract is not available for a certain period of time after divorce, you are calling this agreement. Violating the mandatory provisions of the law, because the right to freedom of marriage is the Constitution, the marriage law gives the personal rights of citizens, citizens who do not violate the laws and regulations enjoy freedom of marriage, and are not subject to the restrictions stipulated in the divorce agreement, and the remarriage clause violates the legal provisions Without any effect.
2. Children who are not allowed to have children again after remarriage are the citizens' personal rights stipulated by the law. Citizens have the freedom to reproduce and not to have children before they violate laws and family planning laws and regulations, and should not be said to consult with others. The anti-fertility clause stipulated in the divorce agreement is a violation of the citizen's right to childbearing rights, and the relevant anti-fertility clause in the divorce agreement is invalid.
3. The right of inheritance of a slave woman born after remarriage is limited. The right of inheritance begins after the death of the heir. The legal succession of the rightful heir can only be cancelled by the heir and no other person can interfere, unless it is the will of the heir The form of cancellation was given, the inheritance qualification of a certain heir, the identification of marital relations, the sincerity of one party to have children after marriage, and violation of the relevant provisions of the invalid provisions.
4. It is agreed that the property owned by the husband and wife shall be the gift to the child. According to the contract law, the procedures for changing the ownership of the real estate certificate shall prevail. If the divorce agreement stipulates that the property is donated to the children without changing the procedure in a timely manner, either party will regret it or the children will not be able to obtain the property rights of the house.
5. Child rearing expenses, after the child is 18 years old. Yang Yuzhi is a parent's statutory obligation. The obligation has time to raise the child before the child is 18 years old. After the age of 18, if the child's unrestricted behavior occurs, the parent's legal obligation is terminated. After the child is 18 years old, the parents are right. Assistance to children is voluntary. There is no compulsory agreement in law. Induction cookers studying after 18 years of age are also controversial in law. Generally, they are supported until the age of 18. According to the law, even if they are less than 18 years old, they are weaker than One party's economic conditions are limited and it is difficult to live on. One can also ask for lower payment standards.
6. If the property to which the property belongs is invalid, others will say that the other person's man will be dealt with in the agreement. Both husband and wife can only agree on their own property, including pre-marital and post-marital property. In many cases, due to the lack of laws, the two parties often agree to comfort the person or the parents of the other party for some purpose or to compensate the other party. I told him that because of the natural reason for disposing of property, the agreement is generally considered invalid. The above-mentioned six kinds of issues of principal-agent relationship or ratification are our common agreements in divorce agreements.
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