A divorce agreement (离婚协议) is the written document at the heart of a divorce by agreement. Under Article 1076 of the PRC Civil Code, it must state that both spouses voluntarily agree to divorce and set out their agreed arrangements for the children, property and debts. The couple submits it to the marriage registry when applying, and it becomes part of the registry file once the divorce certificate is issued. Couples can also sign a settlement during court proceedings, which the court records in a mediation document.
Why it matters
Once the divorce is registered, the property terms of the agreement are binding. Challenging them later is difficult: a spouse generally must show fraud or duress, and time limits apply. Child-related terms are different: custody and support can be revisited later if circumstances change or the child's interests require it. Because the registry does not check fairness or practicality, the quality of the agreement is entirely up to the couple. Vague wording about who pays the mortgage, when a flat is transferred or how overseas assets are split is a frequent source of later lawsuits.
How it works in practice
A Singaporean father and his Chinese wife agreed that she would keep the Shenzhen flat and he would keep his Singapore savings. Their lawyer's agreement listed each account and property, set a transfer deadline, allocated the remaining mortgage, specified monthly child support and a visitation schedule including holidays abroad, and stated what would happen if a payment was late. Two years on, it has not needed to be enforced.
Common mistakes
- Using a one-page template that does not identify specific assets
- Promising to transfer property "later" without a deadline or consequence
- Forgetting joint debts, tax liabilities and guarantees
- Agreeing that one parent will never pay child support; courts may not uphold this
- Signing a Chinese-only document without understanding it, or an English-only one the registry will not accept