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Of course, there are also defects about divorce by agreement.
1.The contents of the divorce agreement have no mandatory power of execution. The divorce agreement, unlike the court’s judgment or conciliation statement, has no legal binding effect. After divorce by agreement, in case one party doesn’t fulfill his obligations, for instance, he doesn’t pay costs of upbringing on time, or go through the transfer of property right, or pay off the housing depreciation payment, the other party should lodge another appeal to ask the party performing his obligations. The other party can only apply for the court’s mandatory execution after the court makes judgment on it.
2.The contents of the divorce agreement may have potential risks. If the persons involved are not provided with deserved legal quality or some bureaus in charge of matrimonial registration lacking the relevant legal knowledge and practical experience in judgment, they may not find out potential risks in the agreement, such as the unfavorable factors to one party but to examine and approve the divorce agreement.
3.Both parties of the divorce agreement have the right to turn back the content of the agreement in the civil procedures. According to the judicial interpretation of China Supreme Court concerning Marriage Law of the People's Republic of China (implemented on Dec 25th 2003), both parties have the right to file the case if they would like make any change in the divorce agreement and the people’s court has to accept the case. However, the judicial interpretation also says that the people’s court has to deny the plaintiff’s claim unless the situations of fraud, coerce or the like exists. After all, both parties own the right to go back their words in one-year time after their divorce according to the procedural laws. |
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