Earth Sharing | 6 Invalid Agreements in Divorce Agreements
Publish Time:
Mar 19,2025
Source:
01
Cannot remarry within a certain period after divorce
02
Limited Agreement that jointly owned property belongs to the children
The agreement that jointly owned property belongs to the children is actually a gift to the children. According to the Contract Law, gifts involving real estate are subject to the completion of ownership change procedures. Therefore, if the divorce agreement only stipulates that the property is gifted to the children but does not promptly handle the transfer procedures, any party's repentance may result in the children being unable to obtain the property rights in the future. 。
03
Limiting the inheritance rights of children born after remarriage
Inheritance rights are rights that begin only after the death of the inheritor. The inheritance qualifications of legal heirs can only be cancelled by the inheritor themselves, and cannot be interfered with by others. Unless the inheritor cancels the inheritance qualifications of a certain heir in the form of a will. Therefore, limiting the inheritance rights of children born after remarriage during divorce violates legal provisions. 。
04
Cannot have children after remarriage
The right to bear children is a personal right of citizens stipulated by law. Provided it does not violate relevant national family planning laws and regulations, citizens enjoy the freedom to bear or not bear children, and are not restricted by agreements with others.
The clause in the divorce agreement prohibiting childbirth is an artificial restriction on the citizen's right to bear children, violating the legal provisions that citizens enjoy the right to bear children. Therefore, the relevant clauses prohibiting childbirth in the divorce agreement are invalid.
05
Child support is agreed upon until the child is over 18 years old
Raising children is a legal obligation of parents, but this obligation has a time limit, that is, before the child turns 18, parents have the obligation to raise and educate their children. After the child turns 18, if the child does not have a situation such as restricted civil capacity, the legal obligations of the parents are terminated. Parents' assistance to their children is voluntary and is not subject to mandatory legal constraints.
In addition, according to the law, even if the child is under 18 years old, if one parent has limited economic conditions and is experiencing financial difficulties, they can request a reduction in the child support payment standard.
06
Disposal of property that one has no right to dispose of
Husband Both husband and wife can only dispose of their own property, of course, including both premarital and postmarital property, which can be agreed upon in the divorce agreement, but they cannot dispose of the property of others.
Sometimes, due to the lack of legal knowledge on both sides, in order to compensate the other party or for other reasons, they will agree that the property of relevant outsiders will belong to the other party. In this case, the agreement will generally be deemed invalid. This does not involve agency relationships or ratification.
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