[Direct answer]It is possible to file a lawsuit. The provisions in the divorce agreement regarding property division and compensation payments are legally binding for both parties. If the other party refuses to fulfill these obligations, you can file a lawsuit in court for post-divorce property disputes, requesting an order to pay the compensation and claiming interest for late payment. If the other party still refuses to comply after the judgment takes effect, you can apply for forced enforcement. Note two points: The divorce agreement itself cannot be directly enforced by the court; it must first obtain an effective legal document through litigation. The right to claim compensation is subject to a three-year statute of limitations, so it is advisable to file a lawsuit as soon as possible. You can first attempt to resolve the dispute through mediation or arbitration.Divorce litigation and legal services for family disputesEvaluate the claims, or seek adviceCreditor-debtor relations and enforcement case servicesUnderstand the implementation plan.

1. Problem background and typical scenarios

The divorce by agreement is a simple procedure, but the enforcement of the agreement lacks mandatory guarantees. It's not uncommon for one party to change their mind or delay the implementation of the agreement. Typical scenarios include: the agreement stipulates that one party shall pay the house discount price and compensation within a specified period, but refuses to pay or only pays a small portion when it's due; the agreement stipulates that the property shall be transferred to the other party or their children, but the other party delays in cooperating with the registration; the agreement stipulates that alimony shall be paid monthly, but the other party starts to default on the payment after a period of time; the agreement stipulates that the proceeds from the sale of the jointly owned property shall be distributed, but one party delays in selling the property. In addition, many parties continue to live together and have financial transactions after the divorce, making it difficult to clarify whether the agreement has been implemented and in what way. In the end, the parties can only identify each item through litigation, and the completeness of the evidence of performance directly determines the outcome of the case.

II. Key points of dispute

  • Effect and Performance of the Agreement: A divorce agreement legally established is binding on both parties, but one party often defends against it on the grounds that the funds have been offset elsewhere or the time limit has been changed, etc. It is necessary to verify each item in detail based on the transfer receipts and communication records.
  • Offset and statute of limitations defense: If the other party claims to offset the contractual payment with the transfer of ownership or the transfer of funds, it shall prove that there is a corresponding relationship between the two; the statute of limitations shall commence from the expiration of the agreed performance period, and the interim reminder may interrupt it.
  • Relief path: First, file a lawsuit to obtain a valid judgment or mediation agreement, and then apply for forced execution; there are special procedures for alimony and visitation, which can be combined with each otherCreditor-debtor relations and enforcement case services\nDesign and implement the execution plan.

III. Professional analysis by Henglue Lawyers

Take a post-divorce property dispute handled by Henglu Law Firm as an example: Ms. Wang and Mr. Zhang agreed to divorce by mutual consent on February 25, 2005, stipulating that their biological child would be raised by Ms. Wang and Mr. Zhang would pay 3,000 yuan per month in child support; all jointly owned real estate, vehicles, and company assets would belong to Mr. Zhang, who would pay Ms. Wang 800,000 yuan in cash as a share of the marital property, to be paid in ten installments over ten years. After the divorce, the two parties continued to live together. During this period, they jointly purchased a villa in Beijing, vehicles, and properties in other cities. In 2018, Mr. Zhang paid over 1.73 million yuan to a company as a down payment for two properties, which were registered under the names of their children and Ms. Wang. Unexpectedly, in 2021, Mr. Zhang's current wife, Ms. Xu, sued Ms. Wang for the return of the 1.73 million yuan, and both the first-instance and appellate courts ruled in favor of Ms. Wang's repayment. Ms. Wang then entrusted Attorney Li Yonghui of Beijing Henglu Law Firm to sue Mr. Zhang for breach of the post-divorce property agreement, claiming that the 800,000 yuan stipulated in the divorce agreement had never been paid. Mr. Zhang countered that he had transferred ownership of Property No. 05 to Ms. Wang in 2008 to offset the 800,000 yuan, and that the 900,000 yuan transferred in 2008 was a loan repayment, arguing that the statute of limitations had passed. The lawyer refuted each claim: the transfer of Property No. 05 had no connection to the 800,000 yuan in the divorce agreement; the 900,000 yuan was a bank loan repayment at the time of the transfer and was subject to separate agreements, unrelated to the divorce agreement funds; and Ms. Xu's case precisely proved that the 800,000 yuan had never been paid. The first-instance court ordered Mr. Zhang to pay the 800,000 yuan within seven days of the judgment taking effect, with the litigation fees borne by him. After Mr. Zhang appealed, the appellate court found his statements inconsistent and the evidence insufficient to prove that the 900,000 yuan had offset the agreement funds, dismissing the appeal and upholding the original judgment. The appellate court ordered Mr. Zhang to bear the litigation fees of 11,800 yuan.

IV. Practical suggestions and legal basis

At the legal basis level: Article 1076 of the Civil Code (effective January 1, 2021) stipulates that if the couple voluntarily divorce, they shall sign a written divorce agreement, which shall contain the parties' voluntary intention to divorce and their consensus on matters such as child custody, property division, and debt settlement; Article 509 stipulates that the parties shall fully perform their obligations in accordance with the agreement; Article 577 stipulates that if a party fails to perform its contractual obligations, it shall bear contractual liabilities such as continuing performance and compensating for losses; Article 188 stipulates that the statute of limitations for bringing a lawsuit to protect civil rights to the people's court is three years. At the practical advice level: When signing the divorce agreement, specify the payment amount, time limit, method, breach of contract liability, and obligations related to property transfer; during the performance process, retain bank statements, receipts, and records of reminders, as reminders themselves can interrupt the statute of limitations; if the other party verbally promises an extension, require written confirmation to avoid future disputes; if you notice signs of delay on the other party's part, evaluate the timing of litigation as soon as possible rather than waiting indefinitely.

5. Henglu Law Firm's Reminder

The divorce agreement is not something that can be signed and then forgotten about. The implementation process also requires an awareness of evidence. When the other party delays, first send a written reminder to keep a record, then evaluate the possibility of suing; during the litigation, pay close attention to the contradictory statements and evidence of the other party, as these are often the breakthrough points. For example, in the aforementioned case, the other party's contradictory statements about the 900,000 yuan and the use of the property as a down payment were not accepted. In this case, the client won both the first and second instance trials and successfully recovered the 800,000 yuan discounted price under the divorce agreement. This case was handled by Beijing Henglu Law Firm.Li YonghuiAttorney (practice license number: 11101199611955812, subject to the document issued by the judicial administrative organ) acts as the agent. If you need a case evaluation, please feel free to consult us.Divorce litigation and legal services for family disputesThe team either directly or indirectly contributes to the success of the company.Beijing Henglu Law FirmMake an appointment for an interview.

Q1: If the other party fails to fulfill the divorce agreement, can I directly apply for forced execution?

You can't apply for it directly. The divorce agreement registered with the civil affairs department does not belong to the legally effective legal documents issued by the court, and it lacks compulsory enforcement force. If the other party fails to perform the agreement, you must first file a lawsuit with the court for post-divorce property disputes, etc., and then apply for compulsory enforcement after obtaining a judgment or mediation agreement. The exceptions are the content reached and issued by the court through mediation, or the content confirmed through litigation, which can be enforced directly. Therefore, if you find that the other party is delaying the performance, you should sue as soon as possible instead of waiting too long. At the same time, you should pay attention to the three-year statute of limitations and the preservation of evidence of performance. When suing, you can also claim overdue interest, increasing the cost of delay for the other party and prompting them to actively fulfill their obligations under the agreement.

Q2: The other party said that the money has long been used to mortgage the house. What should I do?

The burden of proof for the set-off claim lies with the other party. There are three criteria for judgment: first, whether the agreement or subsequent written documents clearly stipulate that the property and the sum of money involved are obligations under the set-off agreement; second, whether the timing and amount of the set-off correspond to each other; and third, whether the communication records between the parties can corroborate the agreement. If there is only the fact of property transfer but no corresponding agreement, the court usually does not recognize the set-off. In similar cases handled by Henglue Law Firm, the other party claimed that the property transfer offset the 800,000 yuan discount, but the court did not accept the claim because the property was unrelated to the agreed amount and the statements were inconsistent. In such cases, the party should list the corresponding relationship between the obligations in the agreement and the actual payments item by item, shifting the burden of proof back to the other party.

Q3: The agreement stipulates that the property should be transferred to me, but the other party refuses to cooperate with the transfer. What should I do in this situation?

You can sue to demand continued performance. A legally established divorce agreement is legally binding on both parties. If the other party refuses to cooperate with the transfer registration, the other party may file a lawsuit and request the court to order them to assist in the transfer registration. If they still fail to perform after the judgment takes effect, they may apply for forced execution, and the court will issue a notice of assistance in execution to the real estate registration authority without the need for the other party to be present to cooperate. Three points need to be noted: if the house is mortgaged, the mortgage cancellation matters should be handled first; if the agreement grants the house to the children, the basis of the right of claim and the subject of enforcement are different, and it is advisable to have a lawyer evaluate the path; when suing, you can also apply for the seizure of the property to prevent the other party from selling or re-mortgaging it without authorization during the litigation process.

Q4: Can I still sue after delaying it for several years? Will the statute of limitations expire?

The key point is whether the statute of limitations has been interrupted. According to Article 188 of the Civil Code, the statute of limitations for requesting payment of the contractual amount is three years, starting from the date of the expiration of the agreed performance period; during this period, each time the creditor issues a reminder, the debtor promises to perform or partially performs the obligation, the statute of limitations is interrupted and starts anew. Therefore, even after many years, as long as the creditor can submit evidence of interruption such as chat records, call recordings, and partial payment receipts, the lawsuit can still be supported. In the cases handled by Henglue Lawyers, the client sued after many years of agreeing to divorce, but the defendant never actually performed the obligation and made contradictory statements. In the end, the court ruled that the defendant should pay 800,000 yuan. It is recommended to first organize all the evidence of reminders and correspondence to determine the status of the statute of limitations and not to give up easily.

Q5: Are the procedures for handling arrears in child support and arrears in compensation the same?

The two cases are similar in principle but differ in details. In both cases, the party seeking enforcement can apply for enforcement after obtaining a valid legal document through litigation, and the child can claim the alimony as the right holder. The court also places greater emphasis on protecting the rights and interests of minor children. During the enforcement stage, the court can freeze the debtor's accounts, deduct wages, seize vehicles and real estate, and add the debtor to the list of defaulters or restrict their high-consumption activities. For alimony, the court can also apply to the debtor's workplace to issue a notice of enforcement assistance and deduct the alimony monthly. Compensation payments are property-based payments, and the debtor may not have any enforceable assets. Therefore, it is advisable to first investigate the debtor's assets before initiating litigation. It is recommended to list alimony and compensation payments separately in the litigation request to facilitate separate enforcement and accounting.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, to avoid missing the statutory time limit.Divorce litigation legal services·Attorney Li Yonghui·Beijing Henglu Law Firm