Divorce Agreement

Marriage is a major life event that affects your entire life—and divorce is just as significant. Regardless of the reason for divorce, everyone wants to ensure their rights are protected. But how do you write a divorce agreement? What conditions must be met for a divorce? How do you fight for post-marital property and custody rights? Today, we’ll answer all your legal questions about divorce once and for all!

What Do You Need to Prepare for a Mutual Divorce?

To proceed with a mutual divorce, a divorce agreement and two witnesses are required. Just like with marriage, divorce also requires witness verification. In addition, you must present a written divorce agreement confirming that both parties agree to the divorce. According to Article 1050 of the Civil Code of the Republic of China: “A mutual divorce shall be made in writing and signed by at least two witnesses, and must be registered with the household registration office.” Therefore, the agreement must be signed by both parties and two witnesses. Here's a checklist of the required documents:

Divorce agreement (signed by both parties and two witnesses), or a divorce judgment and certificate of finality, or a court mediation/settlement record.
ID cards of both parties.
Household registration books (original copies) of both parties.
Seals or personal signatures.
Photographs (For ID card replacement: if applying in person and the photo matches with the file, the photo is not subject to a 2-year limit. If someone else applies on your behalf and the photo on your ID is over 2 years old, a new photo in the current format is required.)

Requirements for Divorce Witnesses

Out of concern for face and privacy, many couples prefer not to disclose their divorce to friends or relatives. Therefore, many prefer to seek professional divorce witnesses. Legally speaking, the requirements for divorce witnesses are minimal: as long as the witness understands the purpose of the document they are signing and is aware of both parties’ intent to divorce, their signature is valid.

How to Draft a Divorce Agreement? What Key Points Should Be Considered?.

When divorcing, the key issues to negotiate are usually “money” and “children.” Therefore, the following four major points must be considered when drafting a divorce agreement: custody (parental rights), visitation rights, child support, and distribution of residual property. Here’s a breakdown:

Key Point 1: Custody (Parental Rights)
If the couple has children, custody arrangements must be decided—whether one parent will have sole custody, or whether both parents will retain joint custody. In joint custody, both parents remain legal guardians, and while the child resides primarily with one parent, both parents participate in major decisions.
Key Point 2: Visitation Rights
After custody is determined, the non-custodial parent is legally guaranteed visitation rights. They can still meet and interact with the child, even if they don’t live together. It's recommended to clearly list visitation details—such as methods, locations, and times—in the divorce agreement to avoid future disputes.
Key Point 3: Child Support
The custodial parent, who will live with the child, is responsible for daily expenses. It’s important to include the child support amount in the agreement. The non-custodial parent must pay a set amount monthly to help reduce the financial burden of raising the child.

(How is child support calculated? See: “How to calculate child support? What should you ask for? Don’t skimp when planning your child’s future!”)
Key Point 4: Distribution of Residual Property
According to Article 1005 of the Civil Code: “If a couple has not agreed on a marital property regime, the statutory property regime shall apply.” This means that unless a property regime is agreed upon in advance, the property acquired during the marriage is subject to equal distribution upon divorce.

(Need to pay alimony? See: “How is alimony calculated? What should you ask for? If the marriage can’t be saved, it’s time to think for yourself!”)