Study On The Force Of Divorce Agreement

Divorce agreement is defined both in a broad sense and a narrow sense.In this paper,divorce agreement refers to registered divorce agreement in the narrow sense.Through a process of disagreements,frictions,compromises and agreements between two involved parties,divorce agreement carries the divorce results and shows the consensus between the two involved parties on property distribution,child support and other post-divorce issues.Force of divorce agreement is influenced by its nature and terms.Being a special and highly subjective agreement,divorce agreement can easily cause disputes.When relevant legal provisions are lacking,general and fuzzy judicial interpretations can hardly solve disputes arising from force of divorce agreement.Judicial interpretations have been added to Marriage Law of the PRC three times,but many disputes about divorce agreement still remain.Different courts often have a different positioning of the nature of divorce management in a case in accordance with different legal and judicial interpretations.As a result,the judgment results also differ completely.The phenomenon is an implication of laws lagging behind social development.Thus,it is imperative to improve relevant marriage laws and regulations and provide a clear basis and direction for legal applications of disputes about divorce agreement.Besides,in order to better realize efficiency value and order-maintaining value of laws,this paper suggests adopting preventative measures in the link of divorce registration,a critical link during the validation process of divorce agreement,and building a divorce agreement dispute prevention system.This paper consists of four chapters,which conducts a comprehensive analysis of determination of the force of divorce marriage,law applications to property disputes about divorce agreement,China’s legislation status and establishment of a divorce agreement dispute prevention system.Chapter 1 introduces facts and judgment results of the case,and summarizes focuses of the case.Chapter 2 analyzes dispute focuses of the case,including confirmation of the force of the divorce agreement in this case,and legal systems applicable to the property dispute involved in this case.Chapter 3 reflects on the case,observes the judicial practices and legislation status of law applications of China’s divorce agreement,and thinks about systems applicable to China’s marriage laws.Chapter 4 proposes suggestions for improvement of China’s relevant marriage legal systems.The research significance of this paper lies in pointing out the contradictions or incompatibility between marriage legislation and judicial interpretations,and among judicial interpretations as well;and proposing feasible measures,including improving application standards of clauses of marriage laws and building a divorce dispute prevention system.