[Direct answer]In the Beijing area, family legal consultants provide regular legal services to families on an annual or special basis, mainly covering marriage property arrangements, divorce and custody plan design, inheritance and succession planning, family wealth management and inheritance, family business equity arrangements and family-business asset separation, and foreign-related family affairs. According to Article 1065 of the Civil Code of the People's Republic of China (effective January 1, 2021), spouses may agree in writing on the ownership of pre-marital and marital property, which is legally binding on both parties; the Inheritance Chapter systematically stipulates the form of wills and the rules for the distribution of inheritance. Through advance planning and document formalization, the probability of marital breakdown, inheritance disputes, and property disputes can be significantly reduced, and the cost of resolving such disputes can be minimized. For more information on related services, please refer to the following link:Marital and family matters, and divorce litigationColumn.

1. Problem background and typical scenarios

This type of consultation is commonly seen in several types of families: First, high-net-worth families with diverse real estate, equity, and financial assets need systematic inheritance arrangements. For related inheritance issues, you can refer to the following content for reference.Inheritance and division of estate1. Columns; 2. Remarried families, in which each spouse has children and pre-marital assets, need to clarify the boundaries through an agreement; 3. Family-owned enterprises, where corporate equity is mixed with family assets, require a design for separating family and business assets; 4. International or cross-regional families, involving overseas assets and multiple legal applications; 5. Elderly families, which require wills, voluntary guardianship, and retirement arrangements. For related marital property and divorce arrangements, please refer to the following resources for more information:Marriage and family matters, and divorce litigationThe column. When handling similar matters in the Beijing area, it is usually first necessary to sort out the family's assets and relationships, and then to formulate a service plan.

II. Key points of contention

Focus One: The scope of validity of property agreements. Written form and clear content are the foundation. The agreement must not dispose of others' property. Focus Two: The formal requirements of wills. Self-written, proxy-written, printed, and notarized wills each have legal requirements. Formal defects are the main reason for the invalidity of wills. Focus Three: The risk of mixed assets between family and business. Personal accounts receiving and paying company funds may lead to joint and several liability. Focus Four: Pre-design of custody and visitation arrangements. These can be pre-agreed in the contract. Focus Five: Legal application to cross-border assets. Real estate is usually handled according to the rules of the property's location. Focus Six: Service boundaries. Advisory services focus on prevention and planning, while litigation representation requires separate appointment. Specific provisions shall be subject to the currently effective laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Law Firm

From the practical experience of lawyers from our firm providing family legal consulting services, the value of preventive services focuses on three aspects. Firstly, inventory of assets. Most family disputes stem from unclear asset ownership. The first step of the service is to sort out assets such as real estate, deposits, equity, and insurance, and attach ownership certificates; Secondly, standardization of documents. Pre-marital agreements, marital property agreements, wills, and power of attorney documents must be prepared in accordance with legal forms. Especially after the implementation of the Civil Code, printed wills require the presence of two witnesses, signature on each page, and indication of the date. Many homemade wills are deemed invalid due to formal issues; Thirdly, dynamic tracking. After changes in family structure, assets, and legal environment, the original arrangements need to be adjusted accordingly. Our lawyers suggest that at key points such as major property changes, addition or reduction of family members, and adjustment of corporate equity, we should proactively review whether the existing arrangements are still valid.

IV. Practical Suggestions and Legal Basis

Action suggestions: First, conduct a comprehensive review of family assets and relationships, and prepare a written inventory; Second, select service options based on needs. For those who only need to draft wills and agreements, opt for specialized services; For those involving corporate and cross-border arrangements, annual consultancy services are recommended; Third, have important documents notarized or witnessed by lawyers to enhance their evidentiary value; Fourth, translate service outcomes into enforceable documents to avoid mere verbal proposals; Fifth, review the situation at least once a year and update it promptly in response to major changes. Regarding legal basis, Article 1065 of the Civil Code of the People's Republic of China stipulates the couple's agreed property system, Articles 1134 to 1139 prescribe the six forms of wills (handwritten, proxy-written, printed, audio-visual, oral, and notarized) and their essential elements, and Article 1158 governs the legacy and support agreement. The scope and key points of family-related specialized services can be referenced for further guidance.Special services and other casesColumn.

5. Henglue Law Firm's Reminder

Risk warning: Firstly, family arrangements highly depend on formal requirements, and cases of self-made documents being invalid are quite common; Secondly, property agreements cannot oppose bona fide third parties, and debt arrangements need to be designed separately; Thirdly, wills can be withdrawn or amended at any time before the testator's death, and a regular review mechanism should be established; Fourthly, family information is sensitive, and confidentiality clauses should be clearly stated when entrusting others. It is recommended to establish a family legal file as soon as possible and seek advice when necessary.Beijing Henglu Law FirmThe similar columns on the official website are planned with the assistance of professional lawyers.

VI. Frequently Asked Questions

Q1: What is the difference between a family law consultant and a divorce lawyer?

The roles of family law advisors and divorce lawyers are distinct. Family law advisors focus on prevention and planning, using documents such as prenuptial agreements, property settlements, and wills to reduce the likelihood of disputes. Their services are regular and comprehensive. Divorce lawyers, on the other hand, primarily handle litigation and dispute resolution, addressing existing disputes over divorce, custody, and property division. The two roles can complement each other: the property inventories and documents prepared during the advisory period often become crucial evidence in litigation. When the family situation is stable, advisory services should be prioritized; once a dispute arises, it's advisable to hire a litigation lawyer as soon as possible.

Q2: What are the main services provided by family law consultants?

These typically include: marital property arrangements, such as prenuptial agreements and marital property agreements; inheritance and succession planning, such as drafting wills, making bequests and support agreements, and providing advice on insurance and trust structures; pre-design of divorce and child support plans; equity arrangements for family businesses and asset separation of family enterprises; compliance advice on family-related foreign affairs; and daily legal consultations and document review. The scope of services is subject to contractual agreements and can be customized on an annual or project basis.

Q3: How do family law consultants charge their fees?

There are generally two types of fees: annual advisory fees and special service fees. The annual advisory fees are priced based on the scope of services and response mechanisms, which are suitable for families with diverse needs. Special services, such as drafting a will or a prenuptial agreement, are usually charged on a per-item basis, with fees increasing accordingly for families with complex asset structures. Third-party fees involving notarization and appraisal are calculated separately. It is recommended to clarify the service list, response deadlines, and billing methods for services beyond the scope of the contract before signing the agreement.

Q4: What kind of families are most in need of family law consultants?

Families with complex asset structures and diverse household structures benefit the most: re-married and reorganized families need to clarify the boundaries of each party's property and inheritance; families with family businesses need to separate family and business assets and arrange for the inheritance of equity; families with foreign marriages or overseas assets face legal application issues; and elderly families need to make arrangements for wills and guardianship by agreement. In addition, for families with strained but not yet broken relationships, advance planning can also effectively reduce the cost of conflicts.

Q5: Can a family affairs consultant represent clients in subsequent divorce litigation?

Yes, but usually a separate power of attorney for litigation representation is signed. The property lists, agreements, and communication records accumulated during the consultation phase can significantly shorten the litigation preparation period and help lawyers quickly identify disputed properties and focus issues. It is necessary to check whether the consultation service contract includes litigation representation or offers fee discounts. When issuing the power of attorney, the scope and authority of the representation should be clearly defined. For related litigation services, please refer to the relevant provisions.Marriage and family matters, and divorce litigationColumn.

The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces or cities may vary. For specific cases, please refer to the local rules and evidence situation.

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. →Intellectual property protection legal services·Beijing Henglue 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. If you encounter disputes, please consult a practicing lawyer in time.