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In front of the divorcers, there is a painful and long way for them to go. In the repeated “bargains” for divorce agreements, two or more copies of divorce agreements may be made by both parties and the final one will be used for divorce registration.
First, it is worthwhile to emphasize that the divorce agreement submitted to civil affairs bureau on file shall be the legal ground for any disputes unless both parties make other agreements after the divorce registration. Once the divorce registration has been made, all the divorce agreements written before or after the registration at civil affairs bureau should take effect. The agreement kept on file at the bureau is the key standard for reference. In case certain issues are not mentioned in this divorce agreement but listed in details in the former ones, any agreements made by both parties are effective and legally binding to both of them. In case certain issues are not listed in the divorce agreement kept on file at the bureau but they are conflicting in the former ones, the final agreement is the key standard for reference.
Relevant case
Mr. Lin and Ms. Tao got married at the Civil Affairs Bureau of XYZ District in Shanghai in 1998 but they registered their divorce at the Civil Affairs Bureau of XYZ District in Shanghai on June.12.2004. They have signed three copies of divorce agreements from the beginning of divorce by agreement in March 2004 to the end of proceedings in December 2004.
The first divorce agreement was signed on May.12.2004, the contents of which are listed as follows:
1) Both parties get divorced by mutual consent.
2) A barren marriage so having no disputes concerning child custody.
3) As for real estates, the premises located at Rome 1208, Lane 1-XYZ Nandan Rd. in Xuhui District, Shanghai, including the housing property right and all the articles inside the house, belong to Yaoli; while the premises located at Rome 102, 2, Lane 1-XYZ, Changning Rd. at the Changning District, Shanghai, including the housing property right and all the articles inside the house, belong to Linjiang.
4) As for securities and cash, all the securities under the name of the male party Linjiang belong to himself, but he should make a lump-sum compensation payment of 100,000 Yuan to the female party Yaoli. The bank deposits and cash each party possesses belong to each respectively.
The second divorce agreement was signed on June.12.2004 in the process of the divorce registration, the contents of which are listed as follows:
1) Both parties get divorced by mutual consent.
2) Without issue. So, they have no disputes concerning child custody.
3) The premises located at Rome 1208, Lane 1-XYZ Nandan Rd. in Xuhui District, Shanghai, including the housing property right and all the articles inside the house, belong to Yaoli; while the premises located at Rome 102, Lane 2, 1-XYZ, Changning Rd. at the Changning District, Shanghai, including the housing property right and all the articles inside the house, belong to Linjiang.
4) Other common property under each name belongs to each party.
The third divorce agreement was signed on December. 2. 2004 after the divorce registration, the contents of which are as follows:
Supplemental agreements
Both parties have gone through the process of divorce registration on June.12.2004, however, as the male party takes account of the lower income of the female party, he decides to pay her additional 100,000 Yuan on his own will and he will pay off the economic aids 30 days after the conclusion of this agreement.
Therefore, the female party brought a case to court. The female party claimed that according to the supplementary agreement signed by both parties after the divorce registration on June.12.2004, the male party should make a lump-sum payment of 100,000 Yuan to the female party and pay off within 30 days. But the male party didn’t fulfill his obligation more than several months after the due day, so the plaintiff turned to the court for help.
The male party argued that, both parties have come to divorce agreements on June.12.2004 and have concluded all the processes concerned. But he was forced to accept the female party’s request for another 100,000 Yuan, as she spread insults and slanders to his friends and families by means of short messages and the like. Therefore he claimed the judge to reject her lawsuit, as the supplementary agreement is not made of his own will but under the other party’s threats.
The court adjudicated that the supplementary agreement made by both parties after their divorce shall be abided by, which should be regarded as their true opinions. The divorce agreements and the supplementary agreement are not in conflicts in terms of contents and the male party couldn’t provide any relevant evidence for being intimidated to sign the supplementary agreement. Therefore, the court shall not give credit to it and judge that the defendant should pay off 100,000 Yuan to the plaintiff in line with the supplementary agreement. |
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