离婚协议是因当事人之间身份关系的变化而引起,当事人在协议财产分割、平衡双方利益的过程中,必然会关注其子女的利益。实践中的离婚协议在约定承担子女抚养费条款之外,普遍存在将夫妻共同财产分割给子女或对子女给付一定财物等条款。这些条款为离婚协议相对方之外的第三人设定了利益,对于这些第三人利益条款的合法性、第三人直接请求权的享有、当事人变更、撤 The divorce agreement is caused by the change of the identity relationship between the parties. In the process of dividing the agreement property and balancing the interests of both parties, the parties concerned will inevitably pay attention to the interests of their children. In practice, the divorce agreement stipulates that the provision of child support should be supplemented by the common practice of splitting the common property between husband and wife to their children or giving certain provisions to their children. These clauses set the interests for the third party other than the divorce agreement. As for the legitimacy of these third party’s terms of interests, the enjoyment of the third party’s direct claim, the alteration and withdrawal of the parties