>> WeChat claims to go to the form of the court to determine the property Re-release time: 2021-11-1713: 59 Wednesday Source: Rule of Law Daily □ Rule of Law Daily full media reporter Xu Weilun □ Correspondent Zhang Meng Xiaoli for the divorce procedure as soon as possible, through WeChat to her husband Xiao Zhao sends a divorce agreement that will "net home", but many emphasizes the agreement only "Walking form". In the future, I will negotiate the property again, Xiao Zhao agreed.
However, after the divorce of the two sides, Xiao Li did not want to negotiate on the issue of property, Xiao Zhao had to vote to the court. Recently, after the Second Intermediate People’s Court of Beijing, after the case, the content of the division agreement agreed with the segmentation agreement was not established. The court found that Xiao Zhao and Xiao Li were registered in 2008 and divorced in the Civil Affairs Bureau on August 13, 2020. Divided by the divorce, there is a divorce agreement, and the houses and vehicles all in the agreement will be owned by the housing and vehicles.
During the lawsuit, Xiao Zhao is provided with the previous WeChat chat records of the two sides, requiring a resilience of the housing and vehicles in both sides, the reason is that the divorce agreement signed in the Civil Affairs Bureau is "Walking Form" and does not have legal effect.
According to chat records, Xiao Li sent the divorce agreement to Xiao Zhao, said the agreement is only for the Civil Affairs Bureau for handling, and the detailed property segmentation agreement is retired after the divorce proceeds. After that, Xiao Li also stated many times in WeChat, and the divorce agreement to the Civil Affairs Bureau is "walking form", and the official agreement will be retrieved in the future.
Xiao Zhao said that when Xiao Li hurriedly handled divorce, he was in love, and he agreed to leave the wedding, and the property problem was resolved.
Xiao Zhao believes that there is no fault in marital. After divorce, the child is raised by himself, and the agreement to sign this "net home" is unfavorable to himself and the child is obviously unconventional. In this case, after the trial of the court, the criteria and vehicles of the two sides were all in the house and the vehicles belong to women. Xiao Li must pay a discount of half the price of Zhao’s house and the vehicle value. Xiao Li disadvantaged this and filed an appeal. After the second trial of Beijing, I believe that according to the above WeChat chat records, the two sides can recognize that the Civil Affairs Bureau signed the divorce agreement, the divorce agreement is not established in the divorce agreement. At the same time, the court pointed out that due to the negotiation of property segmentation during the lawsuit, it should be treated in accordance with the legal provisions. The court believes that due to the purchase of houses and vehicles, they are purchased during the spending of the marriage relationships, and they belong to the joint property of the husband and wife. When the two sides have agreed with the value of the house and vehicle, there is no improper judgment, according to this dismiscation, maintain The original judgment. After the divorce agreement, the divorce agreement should be carefully signed. After the second instance of the second trial, the divorce of the Civil Code stipulates that the husband and wife voluntarily divorced, and the written divorce agreement should be signed, and personally go to the marriage registration authority to apply for divorce registration; divorce The agreement should contain the meaning of the voluntary divorce representation and agreement with the child raising, property, and debt processing. The first god 78 stipulates that the marriage registration authority find out that the two sides is indeed voluntary divorce, and has been consistent with the child support, property, and debt processing, and registers, issued a divorce certificate. According to the above requirements, both men and women must sign a divorce agreement when the marriage registration authority is registered.
In the divorce agreement, both parties should make a clear and specific agreement on how the husband and wife joint property is divided. There is often a case where the husband and wife joint property and the family have a total of property in the daily life, and the scope of the husband and wife joint property is clear and how to divide the husband and wife is a key issue of divorce. When signing the divorce agreement, in the case of a total of the property, the family can be divided, and the first line will take the joint property share, and then sign the divorce agreement; if it is unable to divide, the husband and wife should agree in the divorce agreement. Split, both parties agree to be separately resolved when they can be divided, and will be resolved by negotiation or litigation, avoiding controversy due to nonsense in the late child. In this case, although Xiao Zhao and Xiao Li signed a divorce agreement, both parties signed the divorce agreement, they believe that the agreement is only "walk form". It actually did not agree on the problem of property processing, so the court found the facts The situation is divided according to the legal provisions of the country.
"Although Xiao Zhao and Xiao Li’s property issues finally resolved in this case, this is not advisable to make a divorce agreement when divorced, and will signed a divorce agreement.
"Judge reminds the divorce agreement of men and women in the marriage registration authority to confirm in the form of the national administrative organ, with external publicity, whether it is the agreement of the contract or the determination of property segmentation, And the basis of children’s raising problems, both signed both parties to the divorce agreement, and the content determined in the agreement is non-negotiated by the two sides, and may not change.
The profit of the divorce agreement, unless there is a situation in which the national, collective or third-person interest is to be harmed, and the legal property belonging to the husband and wife should generally be confirmed. The court has a prudent attitude toward the review of the divorce agreement. Therefore, the divorce is signed a divorce agreement. It should be cautious, try to avoid "walk form", and negotiate the way to prevent itself to prevent itself.
Editor in charge: Jin Yan.