The divorce divides consultative divorce and litigant divorce, but in consultative divorce, husband and wife can make a few agreements in divorce agreement, because lack legal knowledge, what some agreements violated law is mandatory the regulation belongs to invalid agreement, in addition, the staff member also lacks civil administration bureau legal knowledge, because this causes undesirable consequence. This kind of agreement does not have legal sanction to party, disobey this kind to time about when the other side so, also cannot investigate its law duty.
What does so concrete invalid agreement have?
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1
Divorce hind must not remarry inside proper time
Marital freedom counterpoises is " constitution " , " marriage law " gift person right of the citizen. Below the premise that does not violate marriage law law, statute, the citizen enjoys marital freedom, do not suffer other interference. The limitation that agrees in divorce agreement remarries the clause disables because of lawbreaking regulation.
2
Children must not be borne again after remarrying
Birth authority is the citizen person right that law provides, in do not offend a country below the premise of law of relevant family planning, code, the citizen is enjoyed bear as free as what do not bear children, not because of with other negotiate behavior and be restricted. Agree in divorce agreement prohibit bearing a clause, it is the factitious limitation that bears authority to the citizen, disobeyed a citizen to enjoy the legal provision of birth authority. Accordingly, in divorce agreement relevant the clause that prohibits bearing is invalid.
3
The place after demarcate remarries bears filial right of inheritance
Right of inheritance is the right that after be being died by heir, just begins, the successive qualification of the heir at law can by be cancelled by him heir, cannot interfere by other. Unless be,be given cancel the successive qualification of some heir with testamentary form by heir. Consequently, the place after one party of the demarcate when husband and wife divorces remarries bears filial right of inheritance, lawbreaking regulation.
4
Agreement of mutual house property puts in husband and wife 's charge children is all
Agreement of mutual house property puts in husband and wife 's charge children is all, solid those who be two pairs daughter is donative. Basis " contract law " regulation, involve praedial big donative, allow with dealing with droit to change formalities to be. Accordingly, if divorce agreement agrees house property is donative only,children deals with formalities of change the name of owner in a register not in time however, any one party go back on his word to all can send children to cannot acquire building property right in the future.
5
Conventional children tends expenses comes children after 18 one full year of life
Fostering children is legal obligation of parents, but this obligation has time limit, be in namely children before 18 one full year of life, parents has the obligation that raises educational children, in children after 18 one full year of life, the state of competence of if children is absoluteness civil action appears, legal obligation of parents is accused namely remove it is after 18 one full year of life of filial, parents attributes voluntary action to filial help, do not have law forcibly the gender is restricted. Full the obligation of pay for sb and expect to be repaid later that wait is in the attend school after 18 years old jural also put in controversy, also arrive 18 years old with respect to support commonly.
In addition, according to legal provision, even if is in children less than of 18 one full year of life, if condition of economy of parental one party is finite, be badly off, also can ask to reduce cradle of cost pay a level.
6
Belongings of conventional opposite party is attributive
Both sides of husband and wife can have disciplinary action to his belongings only, it is OK to include the with marriage hind property before marriage of course undertake conventional in divorce agreement, but the worth that does not get punish others. A lot of moment, because both sides lacks legal common sense, the belongings that perhaps often compensates the case alien such as one's own side of agreement of the other side or parents of the other side for some kind of purpose puts in the other side 's charge all, because have no right to belongings punish, accordingly, such agreement is maintained commonly to disable. Do not involve here entrust the representative concerns or the problem of admit posthumously.
