Is a Divorce Agreement Necessary
Is a Divorce Agreement Necessary
A divorce agreement is required if a married couple intend to apply for divorce registration before a competent marriage registration authority. According to the applicable provisions of the Civil Code of the People's Republic of China, spouses who agree to a divorce of their free will shall execute a written agreement on property division, child custody, and other issues and appear in person before the competent marriage registration authority to apply for divorce registration. Without a divorce agreement, their application for divorce registration will be denied and the spouses have to bring a lawsuit for divorce.
A divorce agreement is not required in a divorce action. The spouses may reach a settlement through mediation by the judge. Otherwise, the judge will make a decision on the issues of property division, child custody, etc., if their claim for divorce is sustained. When making a decision on property division, priority will be given to the interests of the spouses' children, if any, and the wife or the innocent spouse.
Robert Zhang 
Steve Li 