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• Build a disclosure map: assets, income, debts, companies, property and children’s costs.

• For RMB 10 million in family wealth, lifestyle evidence should be tied to documents.

• Separate agreed facts, disputed facts and missing records.

• Use Caira to draft evidence requests and organise uploaded financial files.

A China divorce agreement can look deceptively simple. Search results for 离婚协议书模板 produce short forms with spaces for property, child custody, and debts. For a couple with one apartment, bank savings, a child, company equity, or cross-border assets, a generic form is rarely enough. The real question is not how to fill a template. It is whether the agreement can survive registration, later performance, and predictable disputes.

The official source path begins with the Civil Code in the NPC law database, the Ministry of Civil Affairs marriage registration system, and the Supreme People’s Court marriage and family interpretation on an official court domain. Those sources should control the legal map. People’s Court databases and the local Chinese family-law corpus can provide practical examples, but they should not be used to promise how a court will treat a clause in your agreement.

Registration divorce is not the same as litigated divorce

A divorce agreement is most closely associated with divorce by registration, where both spouses agree to divorce and submit required materials through the civil affairs route. If one spouse does not agree, if child or property issues are unresolved, or if later enforcement becomes necessary, the court route and litigation documents may matter. Do not assume that language suitable for a cooperative registration divorce will solve a contested property or custody case.

Before signing, confirm the basic facts: marriage registration place, identity documents, current residence, children’s nationality and schooling, real estate title, mortgage, bank accounts, business interests, debts, and any assets outside mainland China. For international couples, translations, foreign documents, passports, and overseas property records may need separate review.

Property clauses need more than labels

A clause saying the apartment belongs to Party A may be too thin. A stronger clause identifies the property address, ownership certificate details, mortgage balance, who pays the loan before and after divorce, transfer deadline, tax and fee responsibility, and what happens if a bank or registration authority requires cooperation. If one spouse compensates the other, specify amount, currency, payment date, account, late-payment consequence, and whether the payment is linked to transfer.

Business assets need special caution. Company equity, founder shares, options, shareholder loans, and undistributed profits may be affected by company law, articles of association, and third-party rights. Do not write a clause transferring shares without checking whether the company documents allow it and what registration steps are required. Similarly, a debt clause should identify creditor, amount, purpose, document, and who bears internal responsibility, while remembering that private arrangements may not bind outside creditors automatically.

Children and support clauses should be workable

For children, cover day-to-day care, schooling, medical decisions, travel documents, contact arrangements, holiday time, communication, child support amount, payment method, education and medical extras, and review triggers. Avoid vague promises such as the other parent may visit at any time. That can sound generous but become impossible to enforce or coordinate. For cross-border families, travel consent and passport custody should be reviewed urgently with Caira; do not create language that facilitates unilateral child movement.

Simplified Chinese clause checklist

Use this checklist as a review prompt, not as a ready-to-sign contract:

• 身份信息：双方姓名、证件号码、结婚登记信息、子女身份信息。

• 子女安排：抚养、探望、教育、医疗、假期、出境旅行、费用承担。

• 房产条款：地址、产权证号、贷款余额、过户期限、税费、违约责任。

• 银行和投资：账户、余额日期、证券、基金、保险、境外资产披露。

• 公司权益：股权比例、章程限制、分红、股东借款、工商变更步骤。

• 债务和补偿：债权人、金额、用途、还款安排、内部追偿、付款凭证。

• 履行机制：交付文件、配合义务、付款账户、逾期后果、争议解决。

Red flags before signing

Pause before signing if assets are missing, valuations are outdated, one spouse controls all bank records, company documents are unavailable, a parent contributed purchase funds, the child arrangement is unrealistic, or the agreement asks you to waive unknown claims broadly. Also pause if the other side insists that registration must happen today or that legal review will ruin the deal. A short delay for document review can prevent years of enforcement trouble.

Be careful with emotional settlement terms. Apology clauses, promises about future relationships, and broad confidentiality wording may distract from enforceable obligations. If domestic violence, coercion, asset transfer, or child safety is involved, a template agreement is the wrong tool and urgent local advice is needed.

Make the agreement auditable

A good review file includes the draft agreement, marriage certificate, identity documents, child documents, property certificates, mortgage statements, bank balances by date, company records, tax or fee estimates, and a schedule of debts. Mark each clause with the evidence that supports it. If a clause cannot be matched to a document or performance step, rewrite it or get advice.

The aim is not to create a universal China divorce agreement. It is to make sure the draft reflects the couple’s real assets, children, debts, and registration route before anyone signs. For affluent or international families, precision is kindness: it reduces later arguments, protects children from vague logistics, and gives Caira something concrete to review.

Free copyable template: This guide includes a free draft you can copy into Microsoft Word, adapt to your facts, and compare against your documents before uploading the file to Caira.

Copyable Chinese divorce agreement review note template

Copy the wording below into Microsoft Word or Google Docs, then replace every square-bracketed section. To make a Word version, copy from the first line of the template to the signature block, paste it into Microsoft Word, then save or download it as a .docx file. Keep the surrounding explanation in this article as guidance, but use the template text as the part to copy.

离婚协议审查清单

协议版本日期：[日期]
审查人：[姓名]

一、子女安排
是否写明直接抚养人、抚养费金额、支付日期、支付账户、教育医疗费用、探望时间和接送安排：[是/否/需补充]。

二、房产
房产地址、登记人、贷款余额、还款责任、过户时间、税费承担、无法过户时的处理方式：[填写]。

三、银行及投资
账户、余额日期、分配比例、转账期限、外币或境外账户：[填写]。

四、公司股权
公司名称、股权比例、估值、分红、表决权、转让限制、补偿金额和支付期限：[填写]。

五、债务
债权人、金额、用途、借款日期、担保、共同债务或个人债务说明：[填写]。

六、风险和缺口
仍需补充的文件：[列明]
需要改写的条款：[列明]
下一步：[列明]

Example filled-in China Divorce Review Template

This is a realistic example only. Do not copy the facts unless they match your situation.

离婚协议审查示例

协议版本日期：2026年5月5日

子女安排：协议写明女儿由母亲直接抚养，但未写明寒暑假探望和重大医疗费用。需补充。

房产：上海房产登记在男方名下，协议写归女方，但未写贷款余额、过户期限和税费承担。需补充。

公司股权：男方持有公司30%股权，协议仅写“自行处理”，未写估值、补偿或分红。需补充。

债务：列明招商银行贷款人民币300,000元，但未说明用途和由谁承担。需补充。

下一步：要求双方提供房产证、贷款合同、公司章程、银行流水和股权估值材料。

What a useful review note should conclude

A review note should end with a decision-ready list: sign as drafted, sign only after narrow amendments, or pause until documents are produced. That conclusion helps Caira turn the review into a negotiation checklist or a redline request.

For a complicated family-property file, the review should also identify which gaps are merely administrative and which gaps change value. Missing a bank account number is different from missing company dividends, a shareholder loan, or a property bought through a parent.

• Mark each gap as low, medium or high risk.

• Attach the document that proves the gap: bank page, registry search, company filing, loan contract, tax return or chat screenshot.

• State the exact wording you want inserted, not just the issue.

• For high-value clauses, add a fallback if performance is delayed: interest, document handover, escrow, staged payment or sale process.

A review note should produce negotiation text

The end product should be wording you can paste into a response: "Please add a clause requiring disclosure of the company accounts for 2023 to 2026" or "Please state who pays the mortgage until transfer." That is more actionable than a comment saying the agreement is unclear.

For each high-risk gap, add a proposed clause, the document needed, and the consequence if the clause is not fixed. This turns the review from an opinion into a drafting plan.

• Use one row per gap.

• State proposed wording in Chinese where the agreement is Chinese.

• Mark which issue affects value, children, timing or enforceability.

• Keep a clean version history of drafts exchanged.

Sources

• Civil Code materials in the official law database

• Ministry of Civil Affairs or local civil-affairs guidance

• local court guidance for litigated disputes

This article is general information, not legal, financial, medical or tax advice.