In 2020, Xiaohong and Xiaolin decided to file for divorce. In the "Divorce Agreement" signed by the Civil Affairs Bureau, the two agreed that the property and parking space of a certain real estate project in Zhangzhou that they jointly purchased would be jointly owned by both parties. Xiaolin would need to pay Xiaohong an additional 80000 yuan as compensation after selling the property. The divorce between the two seemed so peaceful and harmonious until 2024 when Xiaohong sued Xiaolin, demanding that Xiaolin immediately pay her 80000 yuan in compensation and interest, and presented another "divorce agreement" to the court. Unlike the divorce agreement filed with the Civil Affairs Bureau, this new agreement only stipulates that in addition to dividing 50% of the total price of the property and parking space to Xiaohong, Xiaolin will also pay an additional compensation of 80000 yuan, and there is no prerequisite for selling the joint property. Our 'private agreement' is just a supplement to the filing divorce agreement! Otherwise, if the house is left unfinished and can't be sold, won't I get a penny It is understood that the property purchased by the two in Zhangzhou has been abandoned due to developer reasons, and the property ownership certificate is "hanging". Xiaolin has listed the house for six months but still no one is interested. During this period, Xiaohong repeatedly urged Xiaolin to pay 80000 yuan, but was asked in return, "The agreement states that I will pay after selling the house, and the house has not been sold. Why should I pay Xiaohong: Article 6 of the "Private Agreement" clearly states that in case of any conflict with the filed divorce agreement, this agreement shall prevail. Xiaolin: The version archived by the Civil Affairs Bureau is the official version, and if I hadn't sold the house, I wouldn't have had any money at all! Although Xiaohong and Xiaolin have been unwilling to compromise during the mediation and trial process, neither party denies the authenticity of the two divorce agreements. The court believes that whether it is a filed divorce agreement or a "private agreement," it is the true intention of both parties and does not violate legal provisions. Therefore, both agreements are legal and valid. Although the divorce agreement stipulates that the compensation of 80000 yuan will only be paid after the sale of the house, the "private agreement" states that "in case of conflict, this agreement shall prevail". Therefore, whether the house is sold or not does not affect the obligation to pay 80000 yuan. If the condition of "not suffocating the performance party" is used as a condition for selling the house, the compensation clause is meaningless. However, if Xiaolin is directly required to pay 80000 yuan, he is likely unable to afford it. Therefore, the court, based on the agreement between the two parties regarding the sale of the house and considering the general economic pressure of the owners of the unfinished building, finally gave Xiaolin a 10 month fundraising period from the perspective of balancing interests, and rejected Xiaohong's request for overdue payment interest. Although submitting the divorce agreement to the Marriage Registration Office of the Civil Affairs Bureau for filing is one of the procedures for divorce by agreement, the act of filing itself is not a condition for the effectiveness of the divorce agreement. As long as the divorce agreement complies with the provisions of the Civil Code on the effectiveness of contracts, even if it has not been filed, it has the same binding force on both parties. Therefore, when signing multiple agreements at the same time, it is important to remember to agree on the effectiveness of the agreements to avoid disputes afterwards. (New Society)