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Divorce Agreement

Author: Dao Hua Marriage and Family Law FirmDate: 2026-04-17Reads:times

Male party:  , Date of Birth:   year   month   day, ID Number:  

 

Female:  , Date of Birth:   year   month   day, ID Number:  

 

Both parties, through free love, will proceed with marriage registration. In order to clarify the scope and ownership of personal property before and after marriage, after equal and voluntary consultations between the parties, the following agreement is hereby made before marriage:

 

Article 1   Confirmation of the personal property of both parties before marriage

 

1. The property owned by both parties before marriage shall remain the property of each party, regardless of whether both parties marry after entering into this agreement.

 

2. The personal property of the groom before marriage

 

(1) House

 

Address:  , Property Certificate Number/Contract Number:  , Floor Area:   square meters. The house was purchased with personal funds of the male party before marriage, and the full payment has been made. The house and its decoration, furniture, appliances, and any appreciation generated all belong to the personal property of the male party.Yes.

 

Or:

 

Address:  , Property Certificate Number/Purchase Contract Number:  , Floor Area:   square meters. The down payment for the house was personally funded by the groom before marriage, and the loan was taken out in the groom's personal name  Yuan, the loan term is   years, from   year   month   to   year   month  , paying   yuan per month, now   months of loans have been repaid, and   months of loans are still outstanding.

 

The woman agrees that after marriage, the house will still belong to the man individually and be his personal property. However, if the woman participates in the mortgage payments or uses the joint property of the couple to pay off the mortgage, the principal and appreciation portion that belongs to the woman can be converted into a valuation as the woman's personal property.

(2) Car

 

The male party purchased   cars   before marriage, with license plate number  , which belong to the male party and are the personal property of the male party before marriage.

(3) Deposit

The male party has a bank deposit of   yuan in   Bank (card number:  ), which is all his pre-marital property and belongs to him.

(4) Securities (stocks, bonds, fund shares, etc.)

(5) Company shares

The male party currently holds   company  % of the equity, which belongs to the male party individually. As a shareholder of the company, the male party's personal property includes the gains and dividends obtained from the company's liabilities and debts, regardless of whether the occurrence time is before or after marriage, and is unrelated to the female party.

(6) Housing subsidy, housing provident fund, pension insurance, bankruptcy resettlement compensation fee

(7) Personal credit and debt

The existing debtor   owes the male party cash   yuan, with an agreed repayment date of   year   month   day, and the claim belongs to the personal property of the male party.

The male party borrowed   yuan from   on   year   month   day, and the debt belongs to the male party's pre-marital personal debt, which is to be repaid by the male party himself.

(8) Others

Gold, silver, and other precious metals, jewelry, diamonds, antiques, paintings, etc., are theBefore marriage property of the groom, and belong to him.

3. The personal pre-marital property of the female party:

As above

4. Disposal rights of personal property before marriage

(1) Both parties have complete ownership of their personal property before marriage, including the rights to possess, use, benefit from, and dispose of the property. How to use and dispose of the property (including investment, leasing, transferring, gifting to others, etc.) is entirely at the discretion of the owner, and the other party may not interfere for any reason.

(2) The income generated from the disposal of their respective properties (including investment, leasing, transfer, gift to others, etc.) by both parties shall belong to each party respectively. The appreciation and interest generated from the properties owned by both parties shall also belong to each party respectively.

5. The personal property of each male and female before marriage, regardless of any future form of change, shall belong to the original owner, and shall be considered as personal property, unless the owner claims a gift, recognizes it as joint property of both parties, or as the personal property of the other party. If one party purchases a house, car, etc. with their personal property before marriage, and the house and car are registered in the name of that party, they shall still be considered as the personal property of that party.

 

Second Article   Agreement on Common Property Before Marriage

 

1. In order to establish a family, both parties jointly invested in the following property, which is jointly owned by both parties:

(The same as above)

2. Both parties have the right to use the joint property, and neither party may unilaterally dispose of the property without the consent of the other party. The income or appreciation, as well as the interest, generated by the property shall be considered as the joint property of both parties.

 

Article 3   Agreement on post-marital property system and property handling

(1) Separate property system

1. The parties to the agreement shall implement the separate property system after marriage, that is, after marriage, the property income, earnings, movable and immovable property acquired by each party shall belong to each party respectively.

2. The debts under each person's name are owned by each person. The debts under each person's name are also borne by each person, and are repaid with their personal property.

3. Both parties hereby guarantee that when borrowing money from others, they shall make a written statement to the creditor regarding the fact that there is a pre-marital property agreement between them, and inform the creditor that both parties will implement a separate property system after marriage, and the borrowed amount is the personal debt of one party. Otherwise, if the other party has to bear the debt in the name of one party due to the failure of one party to inform clearly, the other party may claim repayment from the borrower party after paying the debt as a deposit.

4. Agreement on Joint Account

For joint living, both parties agree to deposit   yuan into a joint account each month, which is used for their joint living, raising their common children, and supporting the elderly. This part of the property belongs to the joint property of both parties, and both parties enjoy equal rights of use and supervision.

 

Or:

 

(2) Partial joint ownership

1. During the period of the marriage relationship, the following property obtained by both male and female parties shall be considered as common property of the couple (including debts and liabilities):

(1) The salaries and bonuses of both male and female parties;

(2) The income derived from the investment of the joint property by both parties, the appreciation of the property, and the interest.

(3) movable and immovable property   by one party, including but not limited to houses, cars, etc., where the ownership certificate clearly indicates that it is jointly owned by both the male and female parties.

(4) movable and immovable property (including but not limited to houses, cars, etc.) jointly purchased by both parties, in the absence of a written agreement on the ownership ratio, shall be deemed as jointly owned property by both parties.

(5) Income derived from investment in personal property by one party

(6) Debts orLiability borrowed or lent in the names of both parties

(7) Debts borrowed in the name of one party, but used for the joint life of the couple

 

Both parties have the right to use the joint property, neither party may unilaterally dispose of the property without the consent of the other party, and the income or appreciation, as well as the interest generated by the property, shall be considered as the joint property of both parties.

2. During the period of the marriage relationship, the following property obtained by both male and female parties shall be considered as the personal property of one party:

(1) The ownership certificate purchased with one party's personal property only records movable and immovable property owned by one party.

(2) The property explicitly stated in the will or gift contract to be solely owned by one party

(3) Property that has been transformed from one party's personal property, such as a car purchased with the full amount of personal savings before marriage.

(4) Credit formed by lending personal property

(5) In addition to the jointly owned property stipulated in the aforementioned agreement, the other income and earnings of both the husband and wife after marriage shall be separately owned.

(6) Debts borrowed in one's name but not used for the joint life of the couple are the personal debt of that party.

 

The owner of personal property after marriage may dispose of it individually.

 

Or (three) Legal Joint Property System

 

Both parties agree that after marriage, they will implement the statutory community property system as stipulated by the Marriage Law. According to Article 1062 of the Civil Code of the People's Republic of China, property that belongs to both parties shall be jointly owned; according to Article 1063 of the Civil Code of the People's Republic of China, property that belongs to an individual shall be owned by the individual. The use and disposition of property shall be handled in accordance with the provisions of the Civil Code.

 

Or (4) Absolute Community Property System

Both parties agree that after marriage, all property should be jointly owned, i.e., the property that should be jointly owned according to Article 1062 of the Civil Code of the People's Republic of China and the property that should be owned by individuals according to Article 1063 of the Civil Code of the People's Republic of China are all agreed to be jointly owned by the couple.

The debts borrowed in the names of both parties or in the name of an individual are joint debts.

Debts borrowed in one's name and not used for the joint life of the couple are considered the personal debt of one party, while the rest are joint debts of both parties.

Article 4  For any property or other matters not specified in this Agreement, the ownership and other unresolved issues may be negotiated and agreed upon by both parties, and a written supplementary agreement shall be signed, which shall have the same legal effect as this Agreement.

Article 5   Both parties confirm that the other party is a fully capable civil subject, and both parties undertake that they have a very clear understanding of the terms and meanings of this agreement and are willing to fully perform this agreement, without any coercion, fraud, or misunderstanding.

Article 6   This Agreement is a true expression of the intentions of both parties, and both parties voluntarily agree to be bound by the terms of this Agreement in any lawsuit arising from this Agreement.

Article 7   This agreement is in two original copies. This agreement shall come into effect upon the signature of both parties. Each party holds one copy, which has equal legal effect.

 

Husband:   Wife

 

                              

  year   month   day   year   month   day

 

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