On The Nature And The Effective Of The Divorce Agreement Before The Litigation

Divorce will not only involve the changes of both sides of husband and wife personal and property relationships, but also involve the provisions of a series of problems such as the child-rearing, so the divorce agreement signed by the parties at the time of divorce is particularly important. The divorce agreement signed by both sides of husband and wife before lawsuit is an important problem in the marriage law of China,this article will focus on this.Divorce agreement before lawsuit is a written agreement that in the process of divorce, to voluntarily through administrative procedure to remove the couple’s marriage relationship and to deal with the resulting consequences such as child-rearing and property.Divorce agreement before lawsuit contains the basic legal characteristics such as the subject of specific,the content of certainty and the form to type. Divorce agreement before lawsuit is a special civil agreement containing personal and property relationships between the equal subjects, it not only has the general characteristics of civil contract,but also has the special properties that different from general civil contracts. Therefor,there are some questions for study in legal nature, law application and the legal effect.This paper elaborates the divorce agreement before lawsuit mainly from the following four parts:first, an overview of the divorce agreement such as its content, characteristics and the difference of related legal concepts.Understanding these will help us better know and apply divorce agreement before lawsuit, to avoid some form mistakes when signed by the parties.Second, the nature of the divorce agreement. Opinions vary on the nature of the divorce agreement in academic circles.Understanding the nature of the divorce agreement is the key to establish divorce agreement, although there are no conclusion in academic circles, but I personal still think it is a conditional civil juristic acts. Third, the effectiveness of the divorce agreement. The marriage law judicial interpretation of three rules for the validity of the divorce agreement. Its effectiveness is based on the view of the nature of the divorce agreement before lawsuit is a conditional civil juristic acts.The promulgation of this provision is advantageous to the practice of judge’s judgment, while academic circles mixed reviews, but does have very good effect in practice,and avoid some trouble.Fourth, the divorce agreement before lawsuit about raising children and some of the legal perfection of the divorce agreement. Divorce agreement is involved in two aspects, one is property, the other is the ownship of children. Questions about the children, although the situation is complex, because of the involved parties to economic conditions and a series of external factors, but the marriage law in some areas can still give the hard and fast rules. Because it can give some reference and guidance when both parties signed the divorce agreement,then save trouble later.Because of the involved raising children is a minor children, and their minds are not mature,The child raising after parents divorce is directly related to children’s growth. So we should pay more attention to the problem of child rasing,but not only pay attention to the property distribution and ignore the interests of children.