[Direct answer]The scope of services of a marital and family lawyer not only includes representing clients in divorce litigation, but also covers the handling of marital property and debts, custody and alimony, divorce damages, inheritance and family property division, pre-marital and marital property agreements, as well as family mediation and enforcement. According to Articles 1062 to 1065 and 1076 to 1087 of the Civil Code of the People's Republic of China, and the relevant provisions of the Interpretation (I) of the Supreme People's Court on the Application of the Marriage and Family Chapter of the Civil Code of the People's Republic of China (effective January 1, 2021), lawyers can design solutions from four aspects: whether the marital relationship has broken down, the scope of joint property, the ownership of custody rights, and fault compensation. In the judicial practice of Beijing, mediation is given priority, and early intervention can help fix evidence, prevent the transfer of property, and strive for favorable shares.

1. Problem background and typical scenarios

There are typically three scenarios: First, the parties are preparing for divorce but unsure whether the divorce can be granted in one go, and they worry that the other party will drag out the process for a long time; Second, they are unclear about the scope of assets such as real estate, deposits, equity, and insurance, as well as the division ratio, and they fear that the other party may hide or transfer assets; Third, there are disputes over child custody, alimony standards, and visitation arrangements, or there are faults such as infidelity, domestic violence, and gambling. When handling such cases in Beijing, parties often make hasty concessions under the dual pressure of emotions and interests, which is difficult to reverse afterwards. The primary value of lawyer's intervention is to transform emotional issues into legal ones: first, clarify the asset and debt lists, then determine the boundaries of rights and obligations, and finally determine the litigation or negotiation strategies. You can first learn about it.Divorce litigation and family disputesThe overall service content of it.

II. Key points of contention

The controversy focuses on four aspects: Firstly, whether the marriage has truly broken down. The first lawsuit is usually subject to stricter review, requiring evidence such as separation, fault, and communication breakdown. If the divorce is denied after the first lawsuit and the couple separates again for one year before filing a second lawsuit, the divorce should generally be granted. Secondly, the scope of marital joint property includes premarital property, parental contributions, personal gifts, and inheritance. Thirdly, the custody of children. The court determines the custody based on the principle of maximizing the interests of minors, comprehensively considering their age, living conditions, and parenting abilities. For children over the age of eight, their true wishes should be respected. Fourthly, joint debts and damages. Debts incurred by one party in excess of the family's daily living needs must be proven by the creditor to be used for the couple's common life or joint production and operation in order to constitute joint debts.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm has handled a large number of divorce, property division, and inheritance cases in the field of marriage and family affairs. Common scenarios include: the other party transferring savings or changing equity registration before being sued; one party claiming that the parents' investment is a loan but lacking a written agreement; and foreign-related marriages leading to difficulties in jurisdiction and document delivery due to differences in nationality and habitual residence. There are three pitfalls that are easy to fall into in practice: first, focusing all attention on emotional confrontation and neglecting property preservation and evidence fixation; second, trusting verbal promises and failing to formalize the mediation plan into a written agreement; and third, having insufficient judgment of the value and ownership of complex assets such as overseas property and company equity. Beijing courts tend to resolve family disputes through mediation, and the party with sufficient evidence preparation often takes the initiative in mediation. For disputes involving property value and ownership, reference can be made to the relevant provisions of the Civil Procedure Law of the People's Republic of China. 恒略律师事务所在婚姻家事领域处理过大量离婚、财产分割与继承案件，常见形态包括：对方在起诉前集中转移存款或变更股权登记；一方主张父母出资系借款却缺少书面约定；涉外婚姻因国籍、经常居所地不同导致管辖与文书送达困难。实务中容易踩的坑有三点：一是把注意力全放在情绪对抗上，忽略财产保全与证据固定；二是轻信口头承诺，未把调解方案落到书面协议；三是对境外财产、公司股权等复杂资产的价值与权属判断不足。北京法院对家事纠纷倾向调解结案，证据准备充分的一方往往在调解中占据主动。涉及房产价值与权属争议的，可参考《中华人民共和国民事诉讼法》相关规定。Property transactions and construction projectsThe approach to handling the case.

IV. Practical suggestions and legal basis

Action list: First, sort out and formalize the list of the couple's property and debts as soon as possible, covering real estate, vehicles, deposits, financial management, equity, and insurance; Second, apply for pre-litigation or litigation preservation of property that may be transferred in time; Third, preserve evidence of the other party's wrongdoing, such as chat records, transfer certificates, police reports, and punishment records; Fourth, prioritize attempting mediation. If mediation fails, promptly file a lawsuit to avoid the depreciation of property due to prolonged delay. For cases involving inheritance and intertwined family property, you can consult a professional for further advice.Inheritance of property and division of family assetsFor matters involving debt confirmation and the implementation of remedies, you may refer to the following documents for reference:Creditor's rights and debts, and enforcementLegal basis: Articles 1062, 1063, 1079, 1084, 1087, and 1091 of the Civil Code of the People's Republic of China (all of which came into effect on January 1, 2021). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, the evidence in family cases is subject to time limits. Chat records, surveillance footage, and bank transaction records should be fixed as soon as possible, as evidence provided after the event is often not accepted by the court. Secondly, it is strictly prohibited to forge debts or transfer assets in order to compete for property, as this may result in a reduced share in the division and, in serious cases, the party involved may even face legal liability. Thirdly, foreign-related or Hong Kong/Macao/Taiwan-related marriages are more complex in terms of jurisdiction, service of process, and the recognition and enforcement of judgments, so it is necessary to confirm the feasibility of the relevant procedures in advance. Fourthly, divorce is not the end of the matter. Follow-up issues such as adjusting alimony, enforcing visitation rights, transferring property, and repaying debts also require continuous attention. For novel or complex family arrangements, legal assistance can be sought through appropriate channels.Special services and other casesObtain an overall judgment of the column.

VI. Frequently Asked Questions

Q1: Can a marriage and family lawyer help clients secure a larger share of marital assets?

We cannot promise a larger share, but professional agents can help clarify the divisible property and fix the evidence of fault and contribution. According to Article 1087 of the Civil Code of the People's Republic of China, in the event of divorce, the couple shall handle the jointly owned property by agreement. If no agreement can be reached, the court shall make a judgment based on the specific circumstances of the property and in accordance with the principles of protecting the rights and interests of the children, the wife, and the innocent party. Whether the property list is complete and the evidence is solid directly affects the extent of the implementation of the tilted division of property.

Q2: Is it necessary to go to court for family disputes?

Not necessarily. The Beijing district courts adhere to the principle of prioritizing mediation in family cases. Many property division and custody arrangements can be resolved through mediation or agreements, which are more cost-effective and less confrontational. However, before mediation, it is necessary to complete the sorting out of assets and the fixation of evidence to avoid signing clauses that are obviously unfavorable in the face of information asymmetry. The mediated agreements reached should, as far as possible, specify the performance deadlines, transfer methods, and breach of contract liabilities.

Q3: What is the approximate fee for a marriage and family lawyer?

The attorney's fees are determined by mutual agreement in accordance with the "Measures for the Administration of Lawyers' Service Fees", and are usually related to factors such as the value of the case, the complexity of the case, and whether it involves foreign-related matters or enforcement. Divorce cases involving property are often charged according to a percentage of the value of the case or a fixed fee agreed upon by both parties. Services such as drafting agreements and providing individual consultations can be charged on a per-item basis. Before entrusting a lawyer, a written contract should be signed to clearly specify the fees, amounts, and payment deadlines. It is important not to trust verbal promises of charging fees after the case has been handled.

Q4: How long does it usually take to handle a divorce case?

According to Article 152 of the Civil Procedure Law of the People's Republic of China, the time limit for the first-instance ordinary procedure is generally six months, and for the summary procedure, it is three months. If the first lawsuit is ruled not to grant a divorce, the plaintiff needs to wait six months before filing another lawsuit. Moreover, if the plaintiff files another lawsuit after the court rules not to grant a divorce and the couple has been separated for more than one year, the court will generally grant the divorce. Therefore, from the time of filing the lawsuit to the dissolution of the marriage relationship, the actual time span usually ranges from several months to more than a year in practice. External factors such as service and appraisal may further prolong the process.

Q5: How to determine whether a family law attorney is professional?

This can be judged from three aspects: First, whether the practice direction matches and whether they handle long-term family cases such as divorce and inheritance; Second, whether the communication is transparent, and whether they can clearly explain the litigation path, the list of evidence, and the risk points, rather than making promises; Third, whether the fees are standardized, and whether they sign written contracts and issue formal receipts. Feasible verification methods include checking the lawyer's practice information, requesting a description of the case-handling approach for similar cases, and paying attention to distinguishing between agency relationships and legal consultation relationships.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication guidelines in other regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.