Textual Complaint Before The Divorce Agreement

The divorce agreement is a contract of marriage between husband and wife for divorce purposes to each other to reach agreement, but the divorce settlement is not an ordinary civil contract, compared with an ordinary civil contract it the main particularity. It is in the process of divorce by agreement, both husband and wife on the voluntary dissolution of the marriage relationship and how to deal with the related issues of child support, as well as the segmentation of the common property to reach a written agreement. Current relevant laws and regulations too principle lead to the identification of the nature and effectiveness of legal theory and judicial practice in a divorce settlement before litigation, there are many controversial provisions of the divorce settlement before litigation, and thus caused on the application of law and practice of operations confusion. The author believes that agreed to a divorce system established for the purpose is to protect the freedom of divorce, the clear legislative purpose, but because of concern set by the system is mainly concentrated in the top of the simple, but the authenticity of the requirements in respect of protection meaning that less lead to divorce criteria of the authenticity and validity of the agreement is unknown, which led to the divorce agreement, binding dispute in the legal practice prior to action. Therefore, it is necessary to further strengthen the systematic study of the divorce settlement before litigation related legal issues.This article is divided into four parts:the meaning and nature of the divorce agreement before the first chapter briefly v.. Different classification according to the travel time of different divorce settlement, this paper refers to both husband and wife in the proceedings before the agreement but the agreement has not been registered with the marriage registration authority, the complaint before the divorce agreement, also known as the divorce complaint agreement. The main particularity of the complaint before the divorce agreement compared with the ordinary civil contract. The second chapter deals with the complaint before the divorce agreement the legal nature and application of law. The nature of the divorce settlement before litigation in the theory and practice, there has been large differences. This article believe that the complaint before the divorce agreement is a mixed contract, and is the collection of the main divorce agreeable to the main contract from the contract. The divorce settlement before a lawsuit is a contract in general, also applies to the General Principles of Civil Law and Marriage Law-related specifications, agreement content can also be directly applicable to contract law, but can not directly apply to the part can refer to the relevant provisions of the applicable contract law. The third chapter discusses how to determine the legal effect of the complaint before the divorce agreement. In this paper the validity of an agreement the parties binding on both parties before litigation, divorce is not absolutely effective, its validity the effectiveness of elements to compare. The fourth chapter proposes legislative proposals to improve China’s complaint before the divorce agreement. In view of the lack of legislation of China on the complaint before the divorce agreement, the paper three perfect in China v. divorce agreement before the relevant administrative and judicial systems and strengthen the divorce settlement before litigation legal regulation and supervision of the appropriate legislative proposals.