1. A divorce agreement is an agreement between men and women on personal relations, property division and child support. If there is no fraud or coercion, both parties are persons with full capacity for civil conduct, and the divorce agreement can be regarded as the expression of the true meaning of both parties and has legal effect. Both parties shall perform their respective obligations in accordance with the principle of good faith.

2. "The provisions on the division of property in the divorce agreement or the agreement reached by the parties on the division of property due to divorce are legally binding on both men and women. If a party brings a lawsuit to fulfill the above-mentioned property division agreement, the people's court shall accept it. " In other words, if there is a dispute over the performance of the agreement, the parties may ask the other party to perform the agreement, and the people shall accept it.

According to the divorce judgment, one party enjoys the real estate and bears the loan debt, but the judgment on property issues is only valid for both husband and wife. Although the divorce judgment deals with the property relationship between husband and wife, the loan contract between the bank and two borrowers is another legal relationship. After the divorce judgment comes into effect, the two still have to bear joint and several liability for the bank loan.

What if the divorce agreement is lost?

1. If the husband and wife agree to divorce, they need to submit a divorce agreement to the Civil Affairs Bureau in triplicate, that is, one copy is left in the Civil Affairs Bureau for the record. Please don't worry if the divorce agreement is lost. If the divorce agreement is lost, it can be reissued. You only need to take your divorce certificate and your valid ID card or household registration book, and apply to the marriage registration center for consulting the divorce file.

In addition, if you just lose a divorce agreement, it will not affect your remarriage registration. You can go straight to the normal procedure. Then you need to go to the civil affairs bureau to apply for a divorce certificate again, and then go through the formalities of remarriage. What's more, if you lose the divorce judgment or mediation, you need to copy the original and affix the official seal before you can register for remarriage.

You only need to take your divorce certificate and your valid ID card or household registration book, and apply to the marriage registration center for consulting the divorce file. After the staff members transfer your file, they can make a copy of the divorce agreement that they gave to the Civil Affairs Bureau when they registered for divorce according to their own application, and affix their official seals.

Second, why do loans need a divorce agreement?

Subjectivity of law: Divorce agreement is generally considered as an agreement based on divorce. After the divorce agreement is signed, both parties shall go through the divorce formalities according to the agreement. If the divorce procedure is not completed, the divorce agreement will not take effect, but the factual statement in the divorce agreement has certain evidential effect. Divorce agreements generally include identity information, custody distribution, property division and so on. The general principle of real estate distribution is that the purchase before marriage is personal property, the purchase after marriage is the same property, and the repayment after marriage is also the same property. However, according to the investment situation of the real estate, whether there is a written agreement will be somewhat different.

Legal objectivity: Article 1076 of the Civil Code of People's Republic of China (PRC) * * * If a husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office. The divorce agreement shall specify the expression of willingness of both parties to divorce and the consensus on matters such as child support, property and debt disposal. Article 1089 of the Civil Code of People's Republic of China (PRC) * * * In case of divorce, the husband and wife shall jointly pay off their debts. * * * If the same property is not paid off or the property belongs to each other, it shall be paid off by mutual agreement; If the agreement fails, it is up to the people to decide.

Third, how to write the divorce agreement

I guess so. Model voluntary divorce agreement: male: XX, born on XX, XX, nationality: XX, work unit: XX, current address: XX. Female: Date of birth: MM DD YY, MM DD YY, MM DD YY, MM DD YY, MM DD YY Child support: 1. The parties are named respectively. }2. The man/woman (note: refers to the person who is not directly raised) can live or entertain in the first week of each month. For temporary or holiday visits, both parties can negotiate one day in advance. If they are over one year old after reaching an agreement, they should respect the opinions of their sons/daughters and exercise their visiting rights, and are not allowed to enforce them according to this agreement. Three. Division of joint property of husband and wife: 1. Real estate: After marriage, both husband and wife bought the real estate located atNo. ××× Road××× Residential Area× Building× Unit in the name of the man/woman (or both parties), which belongs to the husband and wife. After the divorce, the house belongs to the man/woman (note: including ancillary facilities and related supporting facilities in the house decoration), and both parties go through the registration formalities. All taxes and fees for property right change registration shall be borne by the man/woman. The party that obtains the ownership of the house shall pay the other party economic compensation of RMB ×××× within ×× days from the date of signing this agreement. After the marriage, the husband and wife bought a mortgage loan at the ××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××× The party that has obtained the ownership of the house shall pay the other party the economic compensation of ×× yuan within ×× from the date of signing this agreement. The husband and wife * * have household appliances and furniture in the house (see the list), and both parties agree to deal with motor vehicles at the price of RMB ××××: automobile equity, stocks, bonds, etc. with brand number ××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××× (See the above agreement for details) 4. Creditor's rights and debts: (see the above agreement for details) 5. Other personal property (such as jewelry and clothes). ) owned by both parties in their respective names. Four. Housing arrangement after divorce: the husband lives in ××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××

Fourth, why do you want to find a guarantor loan?

Being a loan guarantor is risky. It is risky to vouch for your immediate family or friends.

1. If the borrower fails to repay the loan, the guarantor is liable for repayment. Before committing to be a guarantor, you must think clearly, because if you sign the money and debt guarantee, you will be personally responsible for paying off the debts to the lending institution.

2. Even if the relationship between the guarantor and the debtor changes, for example, the husband guarantees the housing loan for his wife, and the two eventually divorce, the guarantee will not be affected by the dissolution of the marriage relationship, and it will still be valid. In other words, once the guarantor signs as a guarantor, he will always become a guarantor unless the borrower is approved by the lending institution to cancel the guarantor qualification.

Under normal circumstances, the borrower repays the loan by himself, and the guarantor doesn't care. However, the loan amount and monthly payment borrowed by the borrower will generally be displayed in the credit record of the guarantor. When the guarantor needs to apply for any loan by himself, the debt he guarantees will be regarded as his own debt, and usually the lending institution will include it in the debt, which may affect the loan amount of the guarantor.

4. Once the borrower is heavily in debt and unable to repay, or the borrower dies or runs away, you will bear all the repayment responsibilities.