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Several key points in divorce agreement
2022-06-26 17:23:00 【zy5826261】
One 、 About child support arrangements
1. Pay attention to the choice of upbringing methods :
(1) Both parties may negotiate jointly / Take turns raising children , But those who choose to take turns , More difficult to operate .
(2) It may be agreed that one party shall directly raise the children and the direct dependant shall bear all the alimony .
2. In view of the fact that children usually have income when they graduate from University , Therefore, it is considered to stipulate in the agreement that the alimony shall be paid to 22 Years old or the date of completion of studies .
3. Remind the party concerned to consider the education of their children 、 Serious illness, etc , And consider that the agreed alimony shall be increased appropriately according to the price inflation index .
4. It may be agreed that the common property shall be used to offset the alimony , It is suggested to specify in the agreement “X Fang Yi XXX Way to bear child support , Both parties agree to X You are no longer required to pay child support ”.
Two 、 About the division of property
1. Note that the split of the equity of a limited liability company should consider whether more than half of the other shareholders agree , And its right of first refusal .
2. The division of shares or fund units of a joint stock limited company is agreed through a divorce agreement and the divorce has been registered , A non shareholder may acquire shares by means of non transaction transfer . The husband or wife who receives the shares of a joint stock limited company shall complete the internal registration procedures of the company as soon as possible .
3. Clarify the handling of house property change procedures 、 mortgage ( if there be ) From when and by which party 、 The rent ( if there be ) From when and by whom 、 Special arrangement for real estate residence .
4. Consider undisclosed property , You can take “ Important property is clearly listed as belonging to + The bottom line ” How to do it .
5. Cash compensation , Whether it's out of one party's full-time housework 、 One party's economic difficulties and other reasons , The agreement that one party needs to compensate the other party in cash is valid .
3、 ... and 、 About debts between husband and wife
1. If the party concerned has a large amount of debt , List and suggest who is responsible for . The clause may also state “ Except as agreed herein , Neither party has any other joint debt ; if there be , It shall be the responsibility of the party claiming the existence of the debt to repay the debt .”
2. The divorce agreement can not change the fact that the original couple have joint debts , Nor can it directly confront a third person . The creditor may also demand cancellation of the agreement in the divorce agreement that damages the creditor .
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