Civil and Commercial Perspective | Can the Property Division Clause in the Registered Divorce Agreement Be Revoked?
Published:
2025-09-03
Can a registered divorce agreement be revoked? If there are statutory reasons such as fraud, coercion, significant misunderstanding, or gross unfairness at the time of the agreement, both parties may exercise the right of revocation through litigation within the exclusion period. Under certain conditions, creditors may also request the revocation of property division clauses in the divorce agreement, and the scope of revocation must correspond to the extent of the damage caused.
Can a registered divorce agreement be revoked? If there are statutory reasons such as fraud, coercion, significant misunderstanding, or manifest unfairness at the time of the agreement, both parties may within the exclusion period exercise the right of revocation through litigation. Under certain conditions, creditors may also request the revocation of property division clauses in the divorce agreement, and the scope of revocation must correspond to the damage caused.
1. Situations where both parties revoke the divorce agreement voluntarily
(1) Due to defects in intention such as fraud or coercion
According to Article 70 of the "Interpretation (I) of the Supreme People's Court on the Application of the Marriage and Family Part of the Civil Code of the People's Republic of China," if a couple regrets the property division after agreeing to divorce, and there is fraud or coercion, they may request the court to revoke the agreement.
1. The property division clauses in the divorce agreement, if not violating mandatory legal provisions or lacking grounds for revocation, shall be binding on both parties and cannot be revoked without legal procedures.
If one party, after receiving a portion of the property in the divorce agreement, reaches a separate agreement to give that portion to the other party, this does not revoke the property division clause but is considered a gift to the other party. If the gift is not re-registered, the donor has the right to revoke the gift.
2. The property division part of a divorce agreement differs from general civil contracts.
Because the parties are dissolving a marital relationship, factors such as the length of cohabitation, child custody, and visitation are often considered. Emotional factors or concessions made by one party to expedite the divorce are common. The people's court should comprehensively examine the facts and circumstances of the divorce agreement. Only when one party exploits the other's illness, limited capacity, or inadequate guardianship to force signing an agreement that clearly harms their legal rights can it be considered taking advantage of the vulnerable. 。
(2) Manifestly unfair property division
According to Article 151 of the Civil Code of the People's Republic of China, if one party takes advantage of the other's distress or lack of judgment leading to manifest unfairness, revocation may be requested. The reasonableness of property division at divorce must be comprehensively considered. If the division is clearly unbalanced (e.g., one party forfeits all property without reasonable compensation), it may constitute manifest unfairness.
(3) A case example — evidence proving grounds for revocation
Mr. Meng filed a lawsuit in the first-instance court requesting: 1. To revoke the divorce agreement signed by the plaintiff and defendant; 2. To order that the property rights of the house located at Unit 801, 8th Floor, Building AG-1, Haiyin Dijng Community, Hexi Committee, Yingxiong Street, Tiexi District, Siping City, belong to the female party, with the remaining loan (valued at 290,000 yuan) to be repaid by her; 3. To order the defendant to return the plaintiff's salary card; 4. To order both parties to share child support costs equally.
The first-instance court found: 1. The parties reached a divorce agreement on March 11, 2020, and completed divorce registration simultaneously. The plaintiff's request to revoke the divorce agreement was made on April 10, 2021, more than one year after the divorce, exceeding the statutory period, so the court could not support the plaintiff's claim procedurally. 2. The plaintiff claimed coercion in signing the agreement but failed to provide evidence. As an adult with civil capacity, the plaintiff should have understood the meaning and legal consequences of signing the agreement. A claim of impulsiveness does not meet legal requirements. The process from deciding to divorce, signing the agreement, to registering at the civil affairs department is continuous, giving the plaintiff ample time to consider fairness. Therefore, the claim of impulsiveness is invalid. Mr. Meng appealed, but the second-instance court upheld the first-instance judgment and dismissed the appeal.
(4) Exercising the right within the statutory limitation period, but attention must be paid to the starting point
Article 152 of the Civil Code of the People's Republic of China stipulates that the right of revocation must be exercised within one year from the date the party knows or should know the grounds for revocation (in cases of coercion, from the end of coercion). Article 541 states: "The right of revocation must be exercised within one year from the date the creditor knows or should know the grounds for revocation. If not exercised within five years from the debtor's act, the right expires." Therefore, the starting point for the revocation period is not the date the divorce certificate is issued but the date the grounds for revocation are known or should be known.
2. Special circumstances for creditors exercising the right of revocation
(1) Creditor's right of revocation Conditions for establishment
1. Article 538 of the Civil Code of the People's Republic of China states: "If a debtor gratuitously disposes of property rights by waiving claims, waiving claim guarantees, or transferring property without compensation, or maliciously extends the performance period of due claims, affecting the creditor's realization of rights, the creditor may request the people's court to revoke the debtor's act." If the debtor waives claims, waivers of claim guarantees, or gratuitously transfers property through a divorce agreement, harming the creditor's rights, the creditor may exercise rights through litigation.
2. Reference will be made to the standards of reasonable consideration and "equivalence"
If the registered divorce agreement's property division includes reasonable factors such as child support or fault compensation, or complies with local general division standards, it does not constitute gratuitous disposal. The timing of the agreement is also considered. Revocation should only apply to excessive parts and not exceed the creditor's claim scope.
(2) Limitations on the scope of revocation
Creditors can only revoke the part of property disposal equivalent to the debt amount, excluding reasonable support arrangements and fair property division. The court only revokes clauses equivalent to the debt value, not the entire divorce agreement.
(3) Court review focus and judgment rules
1. Comprehensive assessment of the reasonableness of property division
In judicial practice, courts usually review the background of the divorce, the source of the property, the debtor's ability to fulfill debts, and whether there is malicious collusion. They cannot simply infer unreasonableness from the outcome to avoid excessive annulment.
2. Allocation of the burden of proof
Creditors need to prove that the debtor's disposal of property caused damage to their claims, while the debtor's spouse must provide evidence that the division involved reasonable consideration (such as assuming child support or joint debts).
III. Procedural requirements and precautions
(1) After the divorce agreement takes effect, if one wishes to revoke the property division part, litigation is the only way to do so.
1. Divorce cooling-off period Withdrawal and revocation after effectiveness are two different procedures.
According to Article 1077 of the Civil Code of the People's Republic of China, withdrawal of a divorce registration application within thirty days is an administrative procedure revocation. If either party does not want to divorce, they may withdraw the divorce application at the marriage registration authority, which will immediately terminate the divorce registration process. If both parties do not personally apply for a divorce certificate at the marriage registration authority within thirty days after the cooling-off period expires, it is deemed a withdrawal of the divorce application.
2. Once registered, revocation can only be done through litigation.
If the cooling-off period expires and the parties still insist on divorce, both should personally apply for a divorce certificate at the marriage registration authority within thirty days after the cooling-off period. If the authority confirms that both parties voluntarily agree to divorce and have reached consensus on child custody, property, and debt handling, the divorce will be registered and a certificate issued. After registration, if one applies to revoke the property division part of the divorce agreement, it can only be done through litigation, not by mutual agreement. Even if both parties agree to transfer property to the other, it is not a revocation but a gift.
(2) Evidence and review standards
The parties must provide evidence of fraud, coercion, or other facts. The court will comprehensively review the divorce background, the reasonableness of property division, and the overall agreement. The "appropriateness" standard of property division should consider factors such as child custody and fault responsibility, referring to the scope of claims to avoid undermining the overall validity of the agreement.
(3) Identity relationship clauses are irrevocable
Whether it is one party, both parties, or creditors, the personal relationship clauses in the divorce agreement regarding voluntary divorce, child custody, etc., are irrevocable. Only the property division part can be subject to revocation. Regarding the revocation of identity property acts, since these acts are not directly related to the stability of identity relationships, the parties' autonomy of will should be protected, recognizing that parties have the right to revoke in cases of defects in expression of intent.
Legal provisions
1. Civil Code of the People's Republic of China Article 1077: Within thirty days from the date the marriage registration authority receives the divorce registration application, if either party does not wish to divorce, they may withdraw the divorce registration application at the marriage registration authority.
Within thirty days after the expiration of the period stipulated in the preceding paragraph, both parties shall personally apply to the marriage registration authority for the issuance of a divorce certificate; failure to apply shall be deemed a withdrawal of the divorce registration application.
2. Civil Code of the People's Republic of China Article 151: If one party takes advantage of the other's distress, lack of judgment, or other circumstances causing the civil legal act to be grossly unfair when established, the injured party has the right to request the people's court or arbitration institution to revoke it.
3. Civil Code of the People's Republic of China Article 541: The right of revocation shall be exercised within one year from the date the creditor knows or should have known the grounds for revocation. If the right of revocation is not exercised within five years from the date of the debtor's act, the right of revocation shall be extinguished.
4. Civil Code of the People's Republic of China Article 538: If the debtor gratuitously disposes of property rights by waiving claims, waiving claim guarantees, gratuitous transfer of property, or maliciously extends the performance period of due claims, affecting the realization of creditors' claims, the creditor may request the people's court to revoke the debtor's act.
5. Interpretation (I) of the Supreme People's Court on the Application of the Marriage and Family Part of the Civil Code of the People's Republic of China Article 70: If a couple regrets the property division after agreeing to divorce and requests revocation of the property division agreement, the people's court shall accept the case.
After trial, if the people's court finds no fraud, coercion, or other circumstances when the property division agreement was concluded, it shall reject the party's litigation request according to law.
(Statement: This article is the author's summary based on experience and is for communication and discussion only)
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