Research On The Validity Of Divorce Agreement In Litigation Divorce

With the progress and development of the times,marriage has broken away from the shackles of the feudal system,showing a relatively free state.With the freedom of marriage,the arbitrariness of divorce and a series of problems it has brought are gradually exposed.The family is an important component of society.Impulsive divorce not only affects family issues,but also affects social harmony and stability.In order to avoid impulsive divorce and reduce the impact of divorce,the Civil Code has added the provision of a calm period for divorce in negotiated divorce.The emergence of the calm period of divorce has brought a new problem to judicial practice: Many couples have signed divorce agreements during the calm period of divorce,but have not registered for divorce due to various reasons.Afterwards,one party chooses the divorce agreement as the main evidence for litigation divorce.The validity of divorce agreements in divorce proceedings has become a major issue that should be discussed in judicial practice.This article summarizes the controversial focus of research on such issues in judicial practice at the current stage by selecting four typical cases related to pre litigation divorce agreements,including marital breakdown issues,child support issues,property issues,and compensation for infidelity damages.And through the different identification of the focus of controversy in the four aspects mentioned above by the theoretical community and judicial practice,the reasons for such problems are analyzed.Through research,it has been found that the ambiguity of the connotation of the object of proof in divorce cases,the lack of legal provisions for property division,the lack of standardized process for signing divorce agreements,and deviations in legal understanding and application are all the reasons that have sparked the aforementioned controversial focus.This can be changed by incorporating the signing of divorce agreements into Article 1079 of the Civil Code,further clarifying Article 69 of the First judicial interpretation of the Civil Code on Marriage and Family,standardizing the signing process of divorce agreements to ensure the validity of agreement terms,issuing guidance cases to uniformly determine the validity of agreement terms and other relevant strategies.