Basic Content for Divorce Agreement

• Time：2018-01-05
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Basic Content for Divorce Agreement
Generally speaking, a divorce agreement would mainly include the following items:
(1)  The basic information of both parties;
(2) The reason for  the divorce agreed by both parties (the reason part can be skipped if it could jeopardize the agreement as one party may blame another party  for this part);
(3) How the community property shall be disposed of. It’s suggested that the way how each property shall be delivered, the time limitation for such delivery, the penalty for late delivery shall also be stipulated in it.
(4) The agreement on how existing credits and debts shall be dealt with;
(5) The custodian of the child, the amount of monthly child support and payment methods;
(6) The time and manner  of visiting child, arrangement of children's holidays could also be stipulated;
(7) Cooperation on divorce registration procedure;
Regarding the validity of the divorce agreement, the law says if the parties reached an agreement on property  dispossession for divorce based on  the expectation of registration of divorce or divorce at the people's court and if the process of divorce is not completed, the people's court shall conclude that the agreement on property division is not valid and the court may rule on the disposition of the community property according to relevant laws.
The rationale behind this is that the agreement is only entered into for the purpose of divorce. The effectiveness of the agreement shall be based on the expectation of foreseeable completion of divorce procedure, which is also the material purpose of the divorce agreement, therefore, even the agreement is fully executed, no party can enforce it before the completion of divorce procedure (e.g., the registration of divorce in Civil Affairs Bureau).