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How to write a divorce agreement for a factual marriage
Time:2025-08-28 Views:1102
Divorce Agreement
Name of man: Date of birth: Nationality: ID number: Address:
Name of the woman: Date of birth: Nationality: ID number: Address:
Both parties entered into a de facto marital relationship on [date] and have a child born on [date]
Due to personality differences between the two parties, they are unable to live together and their marital relationship has completely broken down. The following agreement has been reached regarding voluntary divorce:
1、 Both parties voluntarily terminate their marital relationship.
2、 Children born in marriage are directly raised by the female party. During the period of child rearing, the male party shall bear the child rearing expenses (including medical expenses, education expenses, insurance premiums) of yuan for married children;
The female party shall take good care of the children born in marriage and shall not engage in acts of abuse, abandonment, or domestic violence;
The man can visit the married daughter several times a month and also visit the school. He can live with the married daughter for a total of days per week, including winter and summer vacations. The woman has the obligation to assist;
The exercise of visitation rights shall be subject to the condition that it does not affect academic performance.
If either party engages in behavior that damages the physical and mental health of the married daughter, it shall be deemed as a waiver of the right and obligation to raise and educate her. The other party has the right to request a change in direct custody or to suspend or cancel visitation rights;
3、 Property division
(1) Both parties acknowledge the agreement that during the period of separate residence after marriage, their respective incomes will belong to each other;
Both parties agree that personal belongings after marriage belong to the individual. Personal belongings include clothing, jewelry, personal items, mobile phones, cosmetics, and other personal items.
Pre marital property: Husband and Wife
Pre marital personal debt: male and female
Personal creditors and debts during marriage: male and female
(2) From the date of divorce, the female party shall acquire ownership of the following joint property between husband and wife: XXX pieces, totaling approximately yuan;
Bank deposit of yuan, belonging to the female party of yuan, the male party of yuan; XX car, priced at yuan, belongs to the female party in yuan and the male party in yuan.
(3) Both parties confirm that there are no other joint claims or joint debts.
4、 The male party confirms to provide the female party with economic compensation of yuan;
5、 After divorce, one party shall not interfere with the other party's life, disclose the other party's personal privacy and trade secrets to third parties, or engage in intentional damage to the other party's reputation. Otherwise, they shall bear a penalty of yuan for breach of contract.
6、 Both parties confirm that the other party is a person with full capacity for civil conduct and can dispose of their own actions and property on their own.
7、 After being signed by both parties, this agreement shall have legal effect once a valid legal document becomes effective. Both parties undertake to have a clear understanding of the meaning of the words in this agreement and are willing to fully comply with it, without any coercion, fraud, or misunderstanding.
8、 This agreement is made in duplicate, with each party holding one copy.
Male and female:
Year Month Day Year Month Day
1. The property acquired during the existence of the marital relationship by the husband and wife shall belong to each party in writing. If one party has made significant obligations in raising children, caring for the elderly, assisting the other party in work, etc., they have the right to request compensation from the other party upon divorce, and the other party shall provide compensation.
2. When divorcing, the debts originally incurred by the couple's joint life should be repaid jointly. If the joint property is insufficient to settle the debt, or if the property belongs to each individual, both parties shall agree to settle the debt; When an agreement cannot be reached, it shall be judged by the people's court.
3. When divorcing, if one party is facing financial difficulties, the other party should provide appropriate assistance from their personal property such as housing. The specific method shall be agreed upon by both parties; When an agreement cannot be reached, it shall be judged by the people's court.
Specifically, the principle of property distribution in divorce between spouses is as follows:
（1） Priority shall be given to property agreements between spouses;
（2） Gender equality;
（3） Taking care of the rights and interests of children and women;
（4） Take care of the innocent party;
（5） Take care of those who pay more.
The effectiveness of a spousal property agreement refers to the legal binding force on both parties and third parties after the spousal agreement on property relations is reached. The effectiveness of an agreement can be divided into internal (referring to both spouses) effectiveness and external (referring to a third party) effectiveness.
The spousal property agreement has legal effect on both spouses, and it is equivalent to forming the principle boundaries of property management, use, and disposal between spouses. With it, if a husband borrows money from his wife and refuses to repay it, the wife has the right to bring a lawsuit to the people's court with the loan receipt and property agreement, demanding that the husband repay the loan. Of course, this situation mostly only occurs when the marital relationship breaks down and property is divided.
According to Article 19, paragraphs 2 and 3 of the Marriage Law, the agreement between husband and wife regarding the property acquired during the existence of the marriage relationship and the pre marital property is binding on both parties. If a husband and wife agree that the property acquired during the existence of their marital relationship belongs to each other, and if a third party is aware of the agreement, the debt owed by either husband or wife to the outside world shall be settled with the property owned by either husband or wife. It can be seen that the agreement between husband and wife regarding property does not have the effect of resisting third parties. According to the general principles of Contract Law and Property Law, the agreement between husband and wife regarding property is the agreement of both parties, which arranges the division of future property between husband and wife through the agreement and is of course binding on both parties. Therefore, Article 19, Paragraph 2 of the Marriage Law stipulates that "the agreement between husband and wife regarding the property obtained during the existence of the marriage relationship and the pre marital property is binding on both parties." However, when it comes to the interests of a third party, since the property agreement between husband and wife is not publicly disclosed, it does not have the right to resist the interests of the third party. According to the principle of fairness in civil law, in order to protect the interests of the third party and maintain transaction safety, the property agreement between husband and wife must be known by the third party in order to have external effect and legal binding force on the third party. Therefore, Article 19, Paragraph 3 of the Marriage Law stipulates: "If a husband and wife agree that the property obtained during the existence of their marriage shall belong to each other, and if a third party is aware of the agreement, the debt owed by either husband or wife to the outside world shall be repaid with the property owned by either husband or wife." That is to say, if a third party is unaware of the agreement, they shall first repay with the property owned by either husband or wife, and the shortfall shall be repaid with the jointly owned property of the couple and the personal property of the other party.
The above is the content collected by the editor of Fanneng Law Firm on how to write a de facto marriage divorce agreement for you. From this, you can know that signing a de facto marriage divorce agreement is one of the ways for both parties to terminate their de facto marriage relationship. If you have any further questions, please feel free to come to Fanneng Law Firm to find relevant professional lawyers for professional problem analysis. Of course, Fanneng Law Firm's professional lawyer team will definitely provide you with a reasonable solution. Sichuan Faneng Law Firm is dedicated to serving you.