Divorce Property Agreements from the Perspective of Creditor Protection
In the event that the clauses concerning the disposition of property and debts in a divorce agreement are detrimental to the interests of creditors,the provisions on the right of revocation of creditors may be referred to or directly applied according to their nature,and in principle,they should be considered as gratuitous dispositions of property rights.The determination of the gratuitous nature of the relevant clauses should be based on the statutory or judicially determined property distribution ratios.If the distribution ratio agreed upon by the parties in the clause significantly exceeds the reasonable benchmark and actually affects the realization of the creditor's rights,the excess part constitutes a revocable fraudulent act.The creditor should bear the burden of proof for the fraudulent nature of the clause,and the scope of the exercise of the right of revocation should be limited to the amount of their claim and the excess part,and should be exercised within the exclusion period to avoid excessive interference with the autonomy of the divorce agreement by the right of revocation of creditors.
Divorce agreementCreditor's right of revocationProperty divisionfraudulent act
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