The lawyer explained the standard for alimony: it is determined based on the needs of the children, the ability to pay, and the local living standard. For those with fixed incomes, the alimony should be 20% to 30% of their total monthly income, and for families with two children, the alimony should not exceed 50% of their total monthly income.
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The lawyer explained the key points of premarital property protection in remarried families: preventing asset mixing, making written agreements, separating account ownership, determining the ownership of post-marital income, and separating debts, in accordance with Article 1063 of the Civil Code, among others.
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The lawyer explained the criteria for granting a divorce after separation: If the couple has been separated for more than two years due to marital discord and mediation fails, the divorce should be granted. If the divorce is not granted after the first attempt, and the couple separates again for more than a year before filing for divorce, the divorce should be granted. The lawyer also emphasized t...
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The lawyer explained the key points of signing a pre-marital property agreement in a remarried family: written form, itemized listing of property, debt boundaries, notarization recommendations, and coordination with the will, in accordance with Article 1065 of the Civil Code.
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The lawyer explained the differences between family lawyers and ordinary lawyers in terms of expertise in the field, evidence-gathering methods, mediation strategies, and cross-disciplinary coordination, and provided selection advice.
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The lawyer explained the property risks during the 30-day cooling-off period: back up the evidence in advance, keep the transaction records, find fixed evidence of the transfer, and apply for preservation and claim a smaller share in the litigation process.
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The lawyer explained the statutory circumstances of a marital breakdown and the corresponding evidence: police warning letters, diagnostic photos, chat records, proof of separation, etc., emphasizing the importance of systematic evidence collection.
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The lawyer outlines five strategies for custody cases: evidence system, age rules, fault linkage, environmental demonstration, and dual-track mediation and litigation. He also cites three cases handled by his firm as examples.
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The lawyer explained the path to withdraw from the unfinished housing project: Article 563 of the Civil Code stipulates the termination of the contract, and Judicial Interpretation No. 1 of 2023 establishes that the repayment of the purchase price takes precedence over mortgages and ordinary claims, including the key points of preservation and creditor's declaration.
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The lawyer explained in detail the "Measures for the Payment of Litigation Fees", which stipulates that litigation fees are charged in stages: property cases are charged progressively according to the amount, and non-property cases are charged 50 to 100 yuan, which shall be borne by the losing party, including preservation fees and key points of judicial assistance.
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The lawyer explained the response of the company's executives after their involvement in the case: According to Article 34 of the Criminal Procedure Law, they should hire a defense attorney as soon as possible, strive to pass the arrest approval stage within the "golden 37 days", and seek lenient conditions for bail pending trial and pleading guilty and accepting punishment.
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The lawyer explained the elements of a claim by shareholders against listed companies for false statements: Shareholders can file a lawsuit if they purchased the shares between the implementation date and the disclosure date and suffered losses, without the need for prior punishment. The statute of limitations for such lawsuits is three years, and it includes guidelines on evidence and costs.
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The lawyer explained that it is an illegal act for private placement promoters to promise guaranteed principal and returns. The party making the promise may bear administrative, civil, and criminal liabilities. The lawyer also provided advice on how to preserve evidence and protect legal rights.
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The lawyer explained that if the fund makes false claims about its returns, investors can negotiate with the fund, file complaints, or sue for compensation. If the fund constitutes fraud, investors can request the return of their principal losses and file a report to recover the funds involved in illegal fundraising.
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The lawyer explained that if the penalty for breach of contract is excessively higher than the actual losses, the party concerned may request to reduce it. In judicial practice, the amount of the penalty should not exceed 30% of the actual losses. The party claiming the reduction must provide evidence to support their request.
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