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A Chinese divorce agreement is not just a short statement that both spouses agree to separate. For divorce registration, the written agreement needs to handle the practical issues that make the separation workable: children, property, debts, housing, payment timing, documents, and future cooperation. The official source family for this guide is the Ministry of Civil Affairs divorce registration workflow, the national law database, and the Civil Code source material identified in the official materials.
Who this is for
This guide is for spouses preparing an uncontested divorce agreement for mainland China, especially bilingual families, cross-border couples, and people who want to understand what a template should contain before visiting a civil affairs office or asking a Caira to review it. It is not for contested divorce, domestic violence emergencies, hidden assets, child abduction risk, complex company ownership, or disputes where one spouse is being pressured to sign.
Do not start with the template
Start with the route. Divorce registration and litigation divorce are different paths. If both spouses voluntarily agree to divorce and can agree on children, property, and debts, the civil affairs registration workflow may be relevant. If either spouse does not agree, or the agreement is incomplete, the matter may need a different route. Check the current civil affairs requirements, identity documents, marriage certificate requirements, cooling-off or appointment workflow, and local office practice before treating a template as final.
Useful Simplified Chinese headings include 离婚协议书 for divorce agreement, 子女抚养 for child custody and support, 财产分割 for property division, 债务处理 for debt arrangements, 探望安排 for visitation arrangements, and 户口/证件配合 for household registration or document cooperation.
Core sections to prepare
A cautious agreement usually identifies both spouses, confirms the marriage information, states that both parties agree to divorce, and then deals with children, property, debts, and performance steps. For children, write clear arrangements for living, contact, education, medical costs, child support amount, payment date, payment method, and later adjustment process where needed. Avoid vague wording like both parties will discuss later if the issue is already important.
For property, list the home, vehicles, bank accounts, investments, household items, business interests, and any assets outside mainland China. For each item, state who receives it, whether payment is due, when transfer documents will be signed, and who pays transfer costs. For debts, separate joint debts, personal debts, mortgages, loans, credit cards, family borrowing, and any debt that one spouse disputes. Attach copies or file names for the most important records so later review is not guesswork.
Cross-border and bilingual cautions
If one spouse is not a Chinese citizen, lives overseas, or needs the agreement for immigration, tax, banking, school, or foreign court purposes, plan translation and notarisation or authentication questions early. Do not assume an English summary will control if the Chinese version is what is submitted. Use consistent names, passport numbers, Chinese ID numbers, addresses, and asset descriptions. If there are overseas assets or children living outside China, get advice before relying on a simple mainland template.
A preparation message
Use this to request missing information before drafting:
您好:为准备离婚协议书,请双方先核对以下事项:子女抚养及探望安排、抚养费金额和支付方式、共同财产清单、债务清单、房产或车辆过户安排、银行账户及其他资产处理、证件和手续配合事项。请在[日期]前提供相关文件或说明,便于形成完整协议文本。
What a template should not do
A template should not hide disagreement. It should not say there are no debts if one spouse knows a debt exists. It should not transfer property with a casual sentence when registration, bank release, mortgage consent, tax, or company approvals may be needed. It should not use child-support wording that nobody can calculate or enforce in practice. It should not pressure a spouse to waive rights without understanding the asset picture.
Common mistakes
Do not copy another couple's facts. Do not leave child support, housing transfer, or loan responsibility to oral promises. Do not forget bank accounts, pension or employment benefits, company equity, insurance, tax, or foreign assets where relevant. Do not sign a Chinese agreement you cannot read. Do not assume the civil affairs office will fix weak private drafting for you.
Where Unwildered fits
Upload the draft agreement, marriage documents, child-support notes, property list, debt list, and bilingual translations. Unwildered can help spot missing sections and turn scattered facts into a review checklist before you rely on official registration guidance or seek legal information and document 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 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.
离婚协议书
男方:[姓名],身份证/护照号码:[号码],住址:[地址]。
女方:[姓名],身份证/护照号码:[号码],住址:[地址]。
双方自愿离婚,并就子女、财产、债务及其他事项达成如下协议:
一、子女安排
子女:[姓名、出生日期]。离婚后由[一方]直接抚养,另一方每月支付抚养费人民币[金额]元,于每月[日期]前支付至[账户]。探望安排为:[时间、地点、接送方式]。
二、共同财产
1. 位于[地址]的不动产归[一方]所有/双方按[比例]处理。
2. 银行存款、车辆、投资账户、公司股权及其他财产按附件清单处理。
三、债务
双方确认共同债务为:[列明债权人、金额、用途]。由[一方/双方按比例]承担。个人债务由负债一方自行承担。
四、资料和协助
双方应在[天数]日内配合办理房产、车辆、银行、公司或其他变更手续。
五、违约
任何一方未按本协议履行的,应承担因此产生的合理损失和必要费用。
男方签名:[签名] 日期:[日期]
女方签名:[签名] 日期:[日期]
Example filled-in China Divorce Agreement Template
This is a realistic example only. Do not copy the facts unless they match your situation.
离婚协议书示例
男方:王磊,身份证号码:110101197901010011。
女方:刘芳,身份证号码:110101198202020022。
双方自愿离婚。子女王一一由女方直接抚养,男方每月5日前支付抚养费人民币8,000元至女方账户,教育和重大医疗费用双方各承担50%。
北京市朝阳区示例小区1号楼101室归女方所有,剩余贷款由女方承担,男方应在30日内配合办理变更手续。双方名下银行存款按附件清单分配。男方持有的北京星河科技有限公司20%股权由男方保留,并向女方支付补偿人民币600,000元,分三期支付。
双方确认无其他共同债务。
男方签名:王磊 日期:2026年5月5日
女方签名:刘芳 日期:2026年5月5日
Clauses that usually need more precision
The divorce agreement should read like an implementation plan, not just a statement of goodwill. Asset clauses often fail in practice because they say who should receive the home, shares or cash, but not who signs which document, by when, who pays tax or fees, and what happens if a bank or company registry does not cooperate.
Where children are involved, avoid vague phrases such as "reasonable contact" or "education costs shared". Put dates, payment accounts, exchange times, school-holiday rules and expense categories into the agreement. A messy but precise clause is usually more useful than a neat sentence that leaves everything to later argument.
For a mortgaged home, add the lender, loan balance, monthly repayment, transfer deadline and fallback if refinancing is refused.
For company equity, add percentage, valuation date, accountant or valuation evidence, voting rights, dividends and any transfer restrictions.
For child expenses, separate ordinary monthly support from school fees, tutoring, medical treatment, insurance and overseas trips.
For debts, identify creditor, amount, date, purpose, security, and whether both parties benefited from the borrowing.
Implementation wording to add to the draft
After the asset split, add implementation wording. For example, the party keeping the property should apply for loan consent by a fixed date, both parties should sign transfer documents within a set number of days, and failure to cooperate should trigger a defined fallback such as sale or compensation.
For business interests, specify whether the non-owning spouse receives cash, shares, dividends already declared, or a staged buy-out. If the company is family-controlled, the agreement should say which company records will be produced so the value is not purely based on one spouse's statement.
Add deadlines beside every transfer.
Add who pays taxes, registration fees and valuation costs.
Add what happens if the bank refuses refinancing.
Add a document handover list as an attachment.
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.
