In the case of voluntary divorce, must a written agreement be concluded?

2022-10-02

Case Xiaoming and Xiaohong were married for 3 years. After the marriage, Xiaoming went abroad to work. The couple separated from each other for a long time, and their relationship became weaker and weaker. After discussion, they decided to divorce. So when Xiaoming returned home to visit his family, the two went to the local civil affairs bureau to go through the divorce procedures. When the staff received the materials, they found that there was no written divorce agreement, so they asked the two people to make up. Xiaohong was puzzled and said: "Before marriage, we have agreed that the property will be owned by each other after marriage. There is no property to be divided and no children. Is it necessary to sign a divorce agreement?" Does voluntary divorce require a written agreement? According to the case, a written divorce agreement must be signed. Article 1076 of the Civil Code stipulates that if the couple divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office. The divorce agreement shall specify the parties' willingness to divorce and their consensus on matters such as child rearing, property and debt disposal. (Liu Xinshe)

Edit:Yi Bin    Responsible editor:Li Bin Wei

Source:People's Daily online

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