Property Division Agreement Conditional on Divorce

 
Spouses may reach an agreement on the division of property and debts that is conditional on their divorce.
 
Based on such an agreement, they can apply for divorce registration at the marriage/divorce registration office of the civil affairs bureau where their marriage was registered, or file a divorce case with a competent court to claim a divorce decree and settle their disputes over child custody, etc.
 
Such an agreement is valid and binding on both spouses unless either of them reneges on the agreement in a divorce proceeding, in such a case the agreement will be deemed invalidated. And after such invalidation, they may reach another agreement to settle their financial problems, failing which the court will mediate their disputes and cause a settlement agreement to be signed by both spouses or make a consent decree based on their settlement agreement.
 
If mediation fails, the court will adjudicate the case based on the evidence adduced by both parties, and make a decree according to the applicable provisions of the Civil Code, The SPC's Interpretations Pertaining to the Application of "Title Five Marriage and Family" of the Civil Code (I), and other applicable provisions. When making a final decree, priority will be given to the children and the wife or the innocent spouse.
 
It should be noted that the spouse who was defrauded, threatened, forced, or coerced to enter into an agreement on the division of property and debts has the right to file a case for vacation of the agreement after they get a divorce, whether by divorce registration or divorce lawsuit.