The divorce agreement is an important basis for both parties to terminate their marriage, clarify child custody and property division. But if one party refuses to fulfill the agreement, how should the other party protect their rights? Shenzhen divorce lawyers combine practical experience to streamline the litigation process and legal basis for you.
1、 How to sue if the other party fails to fulfill the divorce agreement?
If one party fails to fulfill their obligations according to the divorce agreement, the other party has the right to file a lawsuit with the court to request a judgment on the other party's performance of the agreement. After the court makes an effective judgment, if the other party still fails to perform, they may apply for compulsory enforcement.
It should be noted that in disputes involving child support, education expenses, medical expenses, etc., the child should be the plaintiff, and the direct caregiver should participate in the litigation as the legal representative.
The legal documents that can be applied for compulsory enforcement mainly include:
01. Civil judgments, rulings, mediation agreements made by the people's court, as well as the property part of criminal judgments and rulings;
02. The award made by the arbitration institution;
03. A debt document with compulsory enforcement effect issued by a notary public in accordance with the law.
2、 Does the divorce agreement have legal effect?
The divorce agreement is a true expression of intention by both parties, and if its content does not violate mandatory legal provisions and there is no fraud or coercion, it has legal binding force. Both parties should fully fulfill the agreement in accordance with the principle of good faith.
According to Article 8 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (II), the provisions on property division in the divorce agreement are legally binding on both parties. If there is a dispute over performance, a lawsuit may be filed with the court, and the court shall accept it.
3、 Can the divorce agreement be directly applied for compulsory enforcement?
▲ Note: Although divorce agreements have legal effect, they do not have direct enforcement power.
If one party refuses to perform, the other party cannot directly apply to the court for compulsory measures based solely on the agreement, but needs to first obtain effective legal documents (such as judgments and mediation agreements) through litigation, and then apply for compulsory enforcement based on them.
4、 Rights protection suggestion: timely prosecution and preservation of evidence
Once the other party fails to fulfill the agreement, the following evidence should be collected as soon as possible and a lawsuit should be filed with the people's court:
● Original divorce agreement;
● Relevant evidence of the other party's non performance (such as chat records, transfer vouchers, reminder letters, etc.);
● Proof of identity and marriage relationship.
Only by clearly fulfilling obligations through court judgments can compulsory enforcement procedures be initiated in accordance with the law, effectively safeguarding one's own rights and interests.
Shenzhen divorce lawyer reminds:
Divorce agreement disputes must be resolved through litigation in accordance with the law. It is recommended to consult a professional lawyer as soon as possible, prepare evidence materials, and improve the efficiency of rights protection. If you have specific questions, you can contact a professional divorce lawyer for assistance.
