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【裁判要旨】婚姻当事人为离婚达成的协议是一种要式协议,即当事人达成离婚合意,在协议上签名才能使离婚协议生效。双方当事人对财产的处理以达成离婚为前提,虽然已经履行了财产权利的变更手续,但因离婚的前提条件不成立而没有生效,已经变更权利人的财产仍属于夫妻婚姻存续期间的共同财产。
The purpose of the referee The marriage agreement reached by the parties for the divorce is an important agreement, that is, the parties reached a divorce agreement signed in the agreement in order to make the entry into force of the divorce agreement. Although the preconditions for the divorce have not been established and the entry into force of the divorce has not taken effect, the property of the obligee has been changed to belong to the common property of the couple during the marriage.