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近几年我国离婚率一直呈上升趋势,而且绝大部分都涉及到离婚财产分割及过错赔偿等问题。夫妻采用协议方式约定双方财产归属的,在法律没有特别规定的情况下依其约定;而关于婚前一方的个人房产,约定与另一方共有或者由另一方单独拥有,财产权利是否转移为其有效要件。以离婚为条件的财产分割协议,在诉讼中如果有一方反悔的,该协议没有生效。至于离婚过错损害赔偿,须符合法律规定的重婚、有配偶与他人同居等情形。
In recent years, the divorce rate in our country has been on an upward trend, and most of them involve divorce property division and fault compensation and other issues. If the agreement of husband and wife by agreement between the two sides attribution of property, in the absence of special provisions under the law in accordance with its agreement; and on the individual property before marriage, agreed to be owned by the other party or owned by the other party alone, the transfer of property rights for its effective elements . Divorce conditions of the property division agreement, in the proceedings if one party regretted, the agreement did not take effect. As for the compensation for the damages for divorce, the bigamy stipulated by law must be complied with and the spouses should be living together with others.