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Party A (Male) Name:
Party B (woman) name:
Risk Warning: Information for both parties
The information must not be filled in incorrectly! This is to determine the legal characteristics of the divorce parties and ensure the uniqueness of the parties to the divorce agreement. If there is an error in the information, the agreement may not be directly effective.
_____年_____月_____日在__________________________登记结婚，现因____________________ 的原因 ，自愿离婚，经双方协商一致，对有关事项，依《婚姻法》的规定达成如下协议： Both parties registered their marriage on __________________________ on _____ year _____ month _____. Now, due to ____________________ , they have voluntarily divorced. After the two parties have reached consensus, the following agreement has been reached on the relevant matters in accordance with the provisions of the Marriage Law:
_____________与女方_____________自愿离婚。 1. The man _____________ and the woman ____________ voluntarily divorce.
2. Child Rearing:
Risk warning: agreement on maintenance
Generally speaking, there are no special circumstances (such as the child's loss or partial incapacity), and the divorce agreement's agreement on maintenance is to pay until the child is 18 years old or living independently. But in reality, children who can't live completely independently after going to college or even after college are very common. If you have no agreement on the period of support, the default support payment is paid until the completion of high school education; if you have a clear agreement on the period of support, your agreement applies. For example, you agree to pay child support until your child graduates from college. If one party refuses to perform after the child goes to college, the child has the right to claim support costs from the child according to the divorce agreement.
(包括生活费、教育费、医疗费)____________元，在每月_______号前付清，直至孩子年满十八周岁 。 1. Both parties have an unborn son / daughter. After the divorce, the son / daughter will directly support the living with the woman, and the male will pay monthly maintenance costs (including living expenses, education costs, medical expenses) ____________ on the monthly _______ Pay until the child turns eighteen . Expenditures for education, medical care, insurance and other large funds shall be borne by men and women on a one-half basis. (It can also be agreed to be borne by the man or woman alone)
2. The man / woman (Note: refers to the party who is not directly raised) can pick up the son / daughter to live or play with him / her from the _______ week of each month from Saturday to Sunday. 。 For temporary or holiday visits , the two parties can negotiate one day in advance, and after reaching an agreement, they can visit in accordance with the method of consultation. /女儿十周岁以上时，探望权的行使应尊重儿子/女儿的意见，不可强行按本协议执行。 When the son / daughter is over ten years of age, the exercise of the right of visit shall respect the opinion of the son / daughter and shall not be enforced in accordance with this agreement.
3. Disposal of property before marriage
The two parties jointly confirmed that all fixed assets, deposits, equity, investment and other assets owned by each party under their respective names belonged to each other. The two parties must not raise objections and claim for any reason.
Disposal of husband and wife common property:
Risk warning: agreement on property division
If you are worried about the other party still having a deposit that you do n’t know, we do n’t recommend a simple agreement that “their own property belongs to their own”. Because after this divorce, even if you know that he still has bank deposits, it is difficult to ask for a split. After all, you have agreed that "the deposits in their respective names belong to their respective owners at the time of divorce."
We suggest that in the divorce agreement, as of the signing of the divorce agreement, the bank deposits in the names of both parties are listed in detail, including the bank, account name, account number, deposit balance, currency, etc. In this way, if one party finds that the other party did not record the deposit in the divorce agreement after the divorce, they can request division or even intentionally conceal one party to divide or not to divide.
1）双方现在各自名下所有的银行存款，归各自所有，不予以分割。 ( 1) All bank deposits currently held by the two parties under their respective names belong to each other and will not be divided.
2）此部分共同财产处理在本协议签订之后，对双方均具有约束力，各方不得再另行提出异议以及权利主张。 ( 2) After the signing of this agreement, this part of the common property is binding on both parties, and the parties shall not submit further objections and claims.
Risk Warning: Agreement and Treatment of Account Migration
In practice, if the house belongs to you after the divorce, the other party's refusal to move out may cause inconvenience in transferring your house. And this kind of problem is generally not accepted by the courts and public security machines, so you often find it difficult to find relevant departments to deal with.
It is recommended to agree in the divorce agreement that if the other party does not move out of the account within the agreed period, you should pay XX yuan for the inconvenience compensation for each overdue day; if you transfer the house, the house price will be caused by the reason that his account cannot be moved out Impact, he should compensate you for the corresponding difference. It should be noted that overdue compensation should not be written as liquidated damages, because the account relocation is of a personal nature, and it may be difficult to write it as liquidated damages court support. Compensation for the inconvenience is reasonable and reasonable, and at the same time it does not violate the laws and regulations, the court is more likely to support it.
1）由夫妻婚后共同出资，一次性付款购买的位于市________区________路_____号_____幢_____单元楼_____号住房一套，现协商所有权归（男）女方所有， 此房内的家用电器及家俱 归女方 /男方所有 ( 1) One set of housing, which is jointly funded by the couple after marriage and purchased in a lump sum, is located in the city ________ district ________ road _____ building _____ unit building _____. (Men) the woman, the household appliances and furniture in this room belong to the woman / man
2）作为夫妻共同所有的此部分房产，女方为取得该房屋所有权需与 年 月 日前一次性以现金或者转账的方式补偿男方__________万元（大写______________________________万元整） ( 2) As part of the property jointly owned by the husband and wife, in order to obtain the ownership of the house, the woman must compensate the man by cash or transfer in a lump sum of __________ (uppercase _________)
）房地产权证的业主姓名变更的手续自房产证办理下来之后，1个月内男方协助女方办理。 (3 ) The procedure for changing the name of the owner of the real estate deed is completed. After the real estate deed is processed, the man assists the woman in handling it within 1 month. The man must assist the woman in going through all the formalities for the change, and the transfer cost is the responsibility of the woman. If the man fails to assist the woman in going through the relevant formalities on time, the man shall bear the liability for breach of contract and compensate the woman for losses.
）本协议签订之后，所有权、居住权、使用权、收益权等基于房屋所有权而享有的一切权利归女方，男方不得有任何异议并主张任何权利。 (4 ) After the signing of this agreement, all rights such as ownership, residency, use rights, and income rights based on house ownership belong to the woman, and the man must not have any objections and claim any rights.
3. Limited company shares
1）男女双方婚内共同出资，并由__________持有的有限公司股份，双方共同确认由__________持有的公司股份_____%是夫妻共同财产范围，在本次离婚协议之时予以分割。 ( 1) Both men and women jointly invest in marriage and shareholdings in the limited company held by __________, both parties jointly confirm that the company shares held by __________ are within the scope of the common property of the husband and wife. At the time of this divorce agreement Be divided.
2）由于有限公司其他股东不同意__________作为新股东持股，并不愿放弃优先购买权，为确认股权的完整性，双方共同确认此%股份股权所有权及收益权利归女方所有，女方以现金__________元补偿男方。 ( 2) As the other shareholders of the limited company did not agree to hold __________ as a new shareholder, they did not want to give up the pre-emptive right. In order to confirm the integrity of the equity, the two parties jointly confirmed that the ownership and income rights of this% share are owned by the woman. Compensate the man with __________ yuan in cash.
3）双方共同确认共同所有的股权价值__________万元（大写：______________________________万元整），双方股权以本协议约定的价值为准，不以单独评估为准。 ( 3) The two parties jointly confirm the value of the shares that are jointly owned by __________ million yuan (capitalized: ______________________________ 10,000 yuan). The equity of both parties shall be based on the value agreed in this agreement, and shall not be subject to separate evaluation. The woman's cash compensation for the man's equity is determined to be __________ ten thousand yuan (capitalization: ______________________________ ten thousand yuan).
4）女方现金补偿男方股权的之后，女方全部持有有限公司股份_______%股份，女方独立享有该股权的所有权、收益权、经营决策权等基于持有股份的全部权利。 ( 4) After the woman's cash compensation for the man's equity, the woman holds all the _______% shares in the limited company's shares, and the woman independently enjoys all the rights to the equity, income rights, and management decision-making rights based on the shares.
5）夫妻关系存续期间所基于持有股份而产生的权利义务全部由女方承担。 ( 5) All the rights and obligations arising from holding the shares during the existence of the husband-wife relationship shall be borne by the woman. At the same time, after the woman holds the shares of the limited company, all rights and obligations that should be performed based on the shareholders are borne by the woman, and the man is not responsible for handling related disputes.
1）夫妻共同出资购买的登记在__________名下的汽车基本情况以行驶证登记为准：车牌号码____________________、车辆类型____________________、车辆登记所有人____________________、品牌型号____________________、车辆发动机号______________________________。 ( 1) The basic conditions of the car purchased under the name of _________ jointly funded by the husband and wife are subject to the driving license registration: license plate number ____________________, vehicle type ____________________, vehicle registration owner ____________________, brand model ____________________, vehicle engine number______________________________.
2）该辆车所有权归女方所有，男方不要求女方进行现金补偿男方，女方享有基于车辆的所有权而享有的使用权、收益权等一切权利。 ( 2) The ownership of the car belongs to the woman. The man does not require the woman to make cash compensation to the man. The woman has all the rights such as the right to use and income based on the ownership of the vehicle.
3）车辆按揭款__________元（大写：______________________________万元整）由女方负责归还，男方不履行还款义务。 ( 3) The mortgage of the vehicle is __________ yuan (capitalized: ______________________________ 10,000 yuan), which is returned by the woman, and the man does not perform the repayment obligation.
4）基于女方对该车辆的使用、支配、收益、债务等一切事宜由女方负责，交通违章、交通事故处理、还款义务等一切事宜均由女方负责处理，男方一概不负责。 ( 4) Based on the woman's use of the vehicle, control, income, debts and other matters, the woman is responsible for all matters such as traffic violations, traffic accidents, and repayment obligations, and the man is not responsible.
5）在女方还完车辆按揭贷款之日起7日内，男方需无条件的配合女方进行车辆过户手续的办理。 ( 5) Within 7 days from the date when the woman's mortgage loan is repaid, the man must unconditionally cooperate with the woman's vehicle transfer formalities. All costs such as taxes, fees, and other costs arising from the transfer are borne by the woman, and the man is not responsible.
5. Other property: the private daily necessities and jewelry of both men and women belong to their respective properties
The division of property in this agreement is based on the properties listed above. No party may conceal, misreport, or transfer common property or pre-marital property. If any party has concealed or misrepresented property other than the above listed properties, or transferred or evacuated property within two years before the signing of this agreement, the other party is entitled to obtain the entire share of the property concealed, misreported, or transferred by the other party after discovery And hold them accountable for concealing, misreporting, or transferring the property. The party who misreports, transfers, or conceals is not entitled to divide the property. The two parties have jointly confirmed that there is no act of concealing any property. The property stated in this agreement already includes all the husband and wife's common property during the existence of the marital relationship. All of them have been legally divided. If there is any concealment, they shall bear relevant legal liabilities and shall compensate the other party for losses.
V. Treatment of creditor's rights and debts:
1. Debt processing
1）夫妻关系存续期间，男女双方共同确认各自所享有的对外债权归各自所有，由双方各自进行权利主张，另一方不得有任何异议并进行权利主张。 ( 1) During the existence of the husband-wife relationship, both men and women jointly confirm that their respective external claims are owned by each other, and both parties shall make their own claims, and the other party shall not have any objections and claims.
2）债权不能实现的风险由双方各自承担，不得因债权不能实现而追究对方任何责任。 ( 2) The risk that the creditor's rights cannot be realized shall be borne by both parties, and the other party shall not be held responsible for any liability for the failure to realize the creditor's rights.
2. Debt processing
1）夫妻关系存续期间，男方为夫妻共同生活而进行的项目投资所产生的对外债务为____________万元（大写：______________________________万元整）。 ( 1) During the existence of the husband-wife relationship, the external debt arising from the project investment made by the man for the husband and wife to live together is ___________ million yuan (capitalization: _____________). This part of the debt was confirmed by both parties as a common debt, and the woman confirmed this part of the debt without objection, promising to be repaid by both parties.
2）男方取得该部分用于支付共同债务的____________万元之后，需将此部分费用全部用于偿还债务，不得将此部分费用挪作他用。 ( 2) After the man obtains ___________ million of this part to pay for the common debt, he shall use this part of the total cost to repay the debt, and shall not divert this part of the cost to other purposes. If the man uses this part of the cost for other purposes, the man shall bear all losses caused by it.
3）双方婚姻关系存续期间无共同债权、债务纠纷。 ( 3) There is no dispute over common claims and debts during the existence of the marriage relationship between the two parties . /女方对外借款导致男方/女方承担责任的，可向对方全额追偿。 In the future, if it is discovered that who handles and who is responsible, if the man / woman is liable due to external borrowing by the man / woman, he can recover the full amount from the other party.
6. Financial assistance and spiritual compensation:
补偿经济帮助金 Because the woman's life is difficult, the man agrees to pay a lump sum of financial assistance Yuan to the woman. 精神损害费 元。 In view of the reason for the man's request for divorce, the man should compensate the woman for one-time mental damages . All the payments due by the above-mentioned men shall be paid before the date.
7. Total amount of divorce compensation and payment
1. The woman compensates the man
____________万元（大写：______________________________万元整）、股权补偿款____________万元（大写：______________________________万元整）、偿还共同债务____________万元（大写：______________________________万元整）。 Based on the agreement: the woman must pay the man the house compensation ____________ ten thousand yuan (capitalized: ______________________________ ten thousand yuan), equity compensation ____________ ten thousand yuan (capitalized: ______________________________ ten thousand yuan), repay the common debt ___________ _10,000 yuan (Capital: ______________________________ 10,000 yuan).
2. Payment time
1）男女双方在签订本协议之后，领取离婚证正式离婚之日起，3日内支付男方万元（大写：元整）。 ( 1) After signing this agreement, both men and women will pay the man 10,000 yuan (capital: Yuan whole) within 3 days from the date of receiving the divorce certificate to formally divorce.
2）余款____________万元（大写：______________________________万元整）女方在支付第一次补偿金之后，个月内全部支付完毕。 ( 2) The balance of ___________ million yuan (capitalized: _________________) The woman paid all the compensation within one month after paying the first compensation.
3）具体支付方式为：女方每月日之前支付男方补偿金____________万元（大写：______________________________万元整），共需支付次。 ( 3) The specific payment method is: the woman pays the men's compensation ____________ yuan (capitalization: ______________________________ ten thousand yuan) before the day of each month. The specific payment time is: the first payment is made before ________ year ____ month ____ day, the second payment is made before ________ year ____ month ____ day, and the ________ year ____ month ____ Pay the third payment a few days ago. The total amount of payment is ____________ (capitalized: ______________________).
Application for Divorce Certificate
_______日内男女双方需持有本协议及各自相关的证件到结婚登记机关换取《离婚证》。 From the date of signing this agreement, both men and women need to hold this agreement and their relevant documents to the marriage registration authority in exchange for the "Divorce Certificate" within _______ days.
Liability for breach of contract
1. After the signing of this agreement, both men and women need to perform their obligations strictly in accordance with the agreement. One party deliberately delays the procedures of relevant agreements such as the birth certificate, divorce certificate, and transfer of the house and vehicle. The defaulting party must pay the other party 10,000 yuan (capital: yuan) as compensation fees until the relevant procedures are completed.
2. If the woman refuses to pay or defers payment of the man's economic compensation, she must pay ___________ million yuan (capitalized: __________) as compensation to the man daily until the day when the woman pays the relevant fees in accordance with this agreement.
X. Agreement on the effective time of the agreement:
This agreement is in six copies. It takes effect from the date when the marriage registration machine issues the Divorce Certificate. Both the male and female parties hold one copy, the marriage registration authority keeps one copy, and the witness and witness lawyer each.
Eleven, dispute resolution
If a dispute arises during the implementation of this agreement, the two parties shall resolve it through negotiation. If the negotiation fails, either party may sue to the people's court at the place of registration of the other party or the place of usual residence.
Twelve other agreements
1. The contents of the agreement are all printed text, except for the signature part, alteration and writing are invalid.
2. There is no text below this agreement.
Man (I sign and press handprint):
________year month day
Woman (I sign and press the handprint):
________year month day