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Is the pre agreed breakup fee valid
Time:2025-08-28 Views:1770
1
The pre agreed breakup fee is invalid, and there is no provision for breakup compensation in China's existing laws. Therefore, there is no legal basis for demanding breakup fees. If a couple divorces, their joint property should be divided according to relevant legal provisions. If the divorce is caused by one party's statutory fault, compensation should be given to the innocent party in accordance with the law, and there is no issue of paying breakup fees; If the breakup is due to unsuccessful love, according to the principles of freedom in love and marriage, there is no issue of compensating the other party.
II
If a couple breaks up and the man keeps pestering, they can report the case to the police. After the public security organs accept the case and examine it, they believe that there are criminal facts that require criminal responsibility and belong to their own jurisdiction. With the approval of the person in charge of the public security organs at or above the county level, the case will be filed. Otherwise, the case will not be filed. If the criminal facts are significantly minor and do not require criminal responsibility, or if there are other situations where criminal responsibility is not pursued according to law, the case shall not be filed with the approval of the person in charge of the public security organ at or above the county level. Fanneng Law Firm reminds you that if a case with a complainant is decided not to be filed, the public security organ shall prepare a notice of non filing and deliver it to the complainant within three days.
III
The privately signed breakup agreement is valid, and the agreement or treaty signed by both parties privately has legal effect as long as it does not violate the law.
Both parties need to have a certain capacity for civil conduct;
2. The agreement expresses the true intentions of both parties;
3. The agreement does not violate mandatory provisions of laws and administrative regulations, nor does it violate social order and good customs;
4. The content of the agreement should be concise and direct, and clear provisions should be made on the rights, obligations, breach of contract responsibilities, conditions for termination of the contract, validity period, and other elements of each party according to the type of agreement; Write clearly the identity information of each partner in the agreement, including name, ID card number and other information.
5. The information of all parties to the agreement is true and accurate.
6. The act of signing and stamping is genuine. Sichuan Faneng Law Firm is dedicated to serving you.