Excuse me, how to write the divorce agreement?

Lawyer Song of Beijing Tianchi Juntai Law Firm answers your questions:

The divorce agreement template is as follows:

Man:

Type and number of certificate: ID card,123 456199002023210.

Woman:

Type and number of certificate: ID card,123 456199001kloc-0/3201.

Both men and women registered their marriage in the city last night. Now, due to personality differences, the relationship between husband and wife has indeed broken down and there is no possibility of reconciliation. After consultation, both parties voluntarily divorced and reached an agreement on this, and this divorce agreement is hereby concluded for both parties to abide by.

1 child support

1. 1 direct hosting

1. 1. 1 Both men and women have a son/daughter with the name and ID number.

1. 1.2 The man agrees that the direct custody of his daughter belongs to the woman. If the man claims to change the right of direct custody, he shall negotiate with the woman and notarize the change of direct custody, or bring a lawsuit to a court with jurisdiction. Before both parties notarize the change of direct custody or the court makes an effective judgment on the change of custody, the daughter should live with the woman.

1. 1.3 The man shall cooperate with the woman to transfer her daughter's household registration to the woman's name within days from the date when both parties receive the divorce certificate, and hand over all her daughter's documents (including but not limited to birth certificate, ID card, passport, epidemic prevention registration certificate, insurance contract, etc.). ) Give it to the woman for safekeeping.

1. 1.4 Both parties confirm that the existing funds in the following bank accounts are RMB (￥), and all these funds are owned by their daughters; In addition, there is a pure gold pendant of the zodiac sheep and two pairs of pure gold bracelets owned by the daughter. From the date when both parties receive the divorce certificate, the funds, accounts and the above items shall be kept and controlled by the woman, and the man shall hand over all relevant bank cards, passbooks and other account vouchers and items to the woman within days from the date of receiving the divorce certificate.

Account name:

Bank account number:

Bank of deposit:

1.2 alimony

1.2. 1 The man pays his daughter a fixed monthly maintenance fee (including basic medical expenses and education fees) of RMB (￥), and pays the maintenance fee of the current month/next month before 1 every month until her daughter finishes full-time education. The man hereby specifically agrees that, from the date when both parties receive the divorce certificate, the man should increase the maintenance fee by% on the basis of the previous year for each full year.

1.2.2 Under any of the following circumstances, in addition to the fixed maintenance agreed in Article 1.2. 1, the man voluntarily bears the large expenses incurred by his daughter in living and studying, and pays them together with the fixed maintenance in the next month after the expenses occur.

(1) If the one-time expenses required for the daughter's life and study in interest classes, remedial classes, tourism, etc. exceed three times the standard of monthly fixed maintenance at that time, both men and women shall bear 50% of the excess;

(2) If the medical expenses incurred by the daughter for the same reason, after being settled by social medical insurance or commercial insurance, still exceed the fixed monthly living standard by 2 times at that time, both men and women shall bear 50% of the excess.

1.3 visitation rights

1.3. 1 The man can visit his daughter once a month without affecting her study and life. The man should inform the woman days in advance, and the two sides will negotiate the specific time and way to pick up the daughter.

1.3.2 If the man needs to visit his daughter during the Spring Festival, he can negotiate with the woman days/months in advance, and the woman will confirm whether to agree according to her daughter's study and life arrangement and her own wishes.

1.3.3 On the premise of the daughter's willingness, the number and time of the man's visit during the daughter's winter and summer vacations may be appropriately extended, but the longest time shall not exceed days. The details are confirmed by the woman according to her daughter's study and life arrangements and wishes.

2 division of property

Both men and women hereby confirm that, unless otherwise agreed in this agreement, all the property not listed in this agreement, whether it is income before marriage or income after marriage, and whether the other party knows the existence of this property or not, will belong to each other after divorce, and both parties waive the right to claim division or compensation for other property registered, kept or held in the other party's name. It also promises that both parties will not claim any rights (including but not limited to ownership, residence, use right and any other right to dispose of or control property, or demand division and compensation of property or corresponding property value, etc.) after fulfilling their corresponding obligations as agreed. ).

2. 1 real estate

2. 1. 1 The house property registered in the man's name and located in the urban area (the house ownership certificate number is:), after the divorce, the house property and all the household appliances and furniture in the house are owned by the man, and the remaining house purchase loans shall be borne by the man himself from the date when both parties receive the divorce certificate; The man shall pay the woman RMB (Yuan) as compensation for the discount of the property in cash, which shall be paid in one lump sum within days after both parties receive the divorce certificate.

2. 1.2 The property registered in the man's name and located in the urban area (house ownership certificateNo.:) shall be owned by one woman after the divorce, and the woman shall pay the man RMB (Yuan) in cash as compensation for the discount of the property. The man shall, within days from the date of receiving the divorce certificate, cooperate with the woman to go through the registration formalities of property ownership change and register the property in the name of the woman. All taxes and fees (if any) arising from the property right change procedures shall be borne equally by both men and women, and the woman shall pay the man a one-time compensation for property discount within days from the date of obtaining the real estate license registered in her own name.

2. 1.3 For the real estate registered in the name of a man and a woman and located in the urban area (the house ownership certificate number is:), both parties agree to sell the real estate within days from the date of receiving the divorce certificate, and share all the proceeds after deducting the bank loan and various taxes (if any) equally, and pay 50% of the current collection amount to the other party within days after the payee receives each house payment.

2.2 vehicles

2.2. 1 A brand car (license plate number:, engine number:) registered in the man's name shall be owned by the man after the divorce, and the remaining car purchase loan shall be borne by the man himself from the date when both parties receive the divorce certificate; The man shall pay the woman RMB (Yuan) as compensation for the cash discount of the car, which shall be paid in one lump sum within days after both parties receive the divorce certificate.

2.2.2 A certain brand car (license plate number:, engine number:) registered in the man's name after divorce belongs to the woman alone, and the woman pays the man a cash discount to compensate RMB. The man shall, within days from the date of receiving the divorce certificate, go through the registration formalities for the change of vehicle ownership and register the vehicle in the name of the woman. All taxes and fees (if any) arising from the registration of ownership change shall be borne equally by both men and women, and the woman shall pay the man the compensation for vehicle discount within days from the date of obtaining the vehicle registration certificate registered in her own name.

2.3 Cash and deposits

2.3. 1 Both parties * * * confirm that the cash and deposits (including bank card, housing provident fund and medical insurance account, etc.) in the name of the man as of the date of signing this agreement. ) * * * Both are RMB (yuan), and cash and deposits in the name of the woman (including bank cards, housing provident fund and medical insurance accounts, etc. ) * * * All are RMB (yuan). After both parties agree to divorce, all the above cash and deposits shall be divided according to the ratio of% for the man and% for the woman, and the man shall pay the woman RMB (￥) in one lump sum within days from the date when both parties receive the divorce certificate.

2.3.2 Both parties confirm the balance of cash and deposits (including but not limited to bank cards, undrawn housing accumulation funds, medical insurance accounts, etc.). ) remain unchanged under their respective names and belong to them. Unless otherwise agreed in this agreement, neither party may claim any rights to any cash, deposit, housing accumulation fund, medical insurance account balance, etc. In each other's name.

2.4 Funds/wealth management products

After the divorce, the account opened by the man and the corresponding property in the account shall be owned by the man, and the man shall pay the woman RMB (Yuan) discount compensation, which shall be paid in one lump sum within days from the date when both parties receive the divorce certificate.

2.5 stocks

After the divorce, the shares and corresponding property held by the man in the stock account opened by the man shall be owned by the man, and the man shall pay RMB (yuan) discount compensation to the woman in a lump sum within days from the date when both parties receive the divorce certificate.

2.6 Equity

After the divorce, the% equity of the limited company name held by the man is still held by the man alone and all of it belongs to the man, and the man pays the woman RMB (yuan) as discount compensation, which will be paid in one lump sum within days after both parties receive the divorce certificate.

2.7 stock options

The man was granted the option of company name/%equity. As of the date of signing this agreement, the man has acquired the ownership of% of the total amount of options/total amount of equity units granted above, and will acquire another% in. For these stock options that have been owned and will be owned, the man should pay the woman RMB (RMB) as a discount compensation, and pay it in one lump sum within days after both parties receive the divorce certificate. After receiving compensation, the woman waives any other rights to all the equity options granted to the man, and the man shall not ask the woman to return any money for any reason such as not actually obtaining the ownership of the options or failing to exercise them successfully.

2.8 Other property agreements

2.8. 1 Other property and personal necessities (including but not limited to clothes, cosmetics, bags, etc. ) and the watches and jewelry under the names of both men and women belong to themselves, and no division is required at any time.

2.8.2 In view of the fact that the woman has been raising children and taking care of the elderly during the marriage relationship between the two parties, it is confirmed by both parties through consultation that in addition to the above-mentioned property division, the man will also pay the compensation of RMB (Yuan) to the woman in one lump sum within days after both parties receive the divorce certificate.

3 debt department

3. 1 Unless otherwise agreed in this Agreement, both men and women confirm that there is no joint debt during the marriage relationship. Whoever bears the debts incurred by one party in full, whether before or after marriage, has nothing to do with the other party. If it is confirmed by court judgment, mediation and other judicial channels that one party really needs to bear the debts of the other party, it has the right to recover all the debts it has undertaken from the other party after paying off the debts, and the other party shall pay them in one lump sum within days after receiving the notice.

3.2 Both men and women confirm that on August 8, 2020, they borrowed RMB 80,000.00 from Li San (IDNo.) in the name of the man to purchase the house (Property Location:, Property Ownership CertificateNo.:), with an annual interest rate of 65,438+00%. As of the signing of this Agreement, the remaining principal of both parties is RMB 50,000.00 Yuan (RMB 50,000.00 Yuan) and all interest has not been repaid, and the repayment time is 8 months and 8 days in 2022. For the unpaid remaining principal and all interest, both men and women promise to share the debt at a ratio of 50% after divorce. If either party actually repays Li San's debt in excess of their respective shares, the excess will be recovered from the other party after the actual repayment, and the other party shall pay it in one lump sum within days after receiving the notice.

4 divorce follow-up matters

In view of the fact that both men's and women's household registration are registered in the same household registration book, and the man is the head of the household, the woman agrees to move out of the household registration within days from the date when both parties receive the divorce certificate, otherwise, she will pay the penalty to the man according to Article 5.3 of this Agreement.

5 others

5. 1 Both parties agree to pay by bank transfer. The account information of the beneficiary bank designated by each party is as follows

Man:

Account name:

Bank account number:

Bank of deposit:

Woman:

Account name:

Bank account number:

Bank of deposit:

If one party's bank account information changes, it shall notify the other party in time, otherwise the payer shall be deemed to have fulfilled the corresponding payment obligation after paying the above account to the other party, and all consequences shall be borne by the payee.

5.2 If the payer fails to pay all the payables under this Agreement in full and on time, it shall pay the payee a penalty for overdue payment at the rate of four times the one-year loan market quotation published by the National Interbank Funding Center authorized by the People's Bank of China when this Agreement comes into effect (hereinafter referred to as "four times LPR"). If the payer delays the payment of any installment for 15 days, the payee has the right to ask the payer to pay all the remaining amount in one lump sum, and collect the liquidated damages for overdue payment based on all the remaining unpaid amount from the tenth day after the payment of the installment is overdue, according to the standard of four times LPR.

5.3 If one party delays the performance of other obligations under this Agreement except monetary payment, it shall pay RMB (￥) as liquidated damages to the other party for each day of delay, and compensate the other party for other losses (including but not limited to legal fees, attorney fees, notarization fees, appraisal fees, evaluation fees, travel expenses, preservation fees, preservation insurance fees, etc.). ).

5.4 Unless one party notifies the other party of the change of information in written form in advance, the addresses of both parties and the electronic communication terminal agreed below are the addresses where the legal documents of the people's court are served when the two parties communicate and resolve disputes, and the electronic service has the same legal effect as the written service. Litigation documents of the people's court (including judgment documents) shall be deemed to be effectively served when they are delivered to the following address or electronic communication terminal of any party.

Man:

Mobile phone number:

Contact address:

Micro signal:

E-mail:

Woman:

Mobile phone number:

Contact address:

Micro signal:

E-mail:

Letters sent by a party or the people's court in the above manner shall be deemed to have been delivered on the seventh day from the date of posting; The sent SMS/Fax/WeChat/E-mail is deemed to have entered the receiving system of the other party's data message. As the contents of the above-mentioned electronic documents are correctly addressed by the sender and not returned by the system, they are deemed to have been delivered.

5.5 Both parties * * * confirm that the signing of this Agreement is voluntary, and there is no fraud, coercion or major misunderstanding.

5.6 After this Agreement comes into effect, in case of any dispute during the execution, both parties shall settle it through negotiation. If negotiation fails, either party may bring a lawsuit to the people's court.

5.7 This agreement shall come into effect as of the date when both parties sign and the divorce registration is completed by the marriage registration office.

5.8 This Agreement is made in triplicate, one for the marriage registration authority and one for each party, all of which have the same legal effect.

There is no text below, it is a signature page. )

Man (signature):

Date, year and month

Woman (signature):

Date, year and month