If one party squanders the couple's joint property, the other party may, in accordance with Article 1092 of the Civil Code, claim a smaller share or no share at all; they may request a division of the property during the marriage or upon divorce, and may also seek compensation during the divorce process.
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To prevent the fabrication of debts during divorce, it is necessary to fix the evidence of the authenticity of the loans. According to Article 1064 of the Civil Code, joint debts require joint signatures or to be used for the family's common life. Debts that are not supported by evidence will not be supported by the court.
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Pre-marital property planning can be achieved by signing a pre-marital property agreement, notarization, and retaining investment certificates; according to Articles 1063 and 1065 of the Civil Code, the scope of personal property is clearly defined, which helps to avoid the property being divided during a divorce.
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The fees charged by attorneys for custody cases are not standardized. They are calculated on a per-case basis or as a percentage of the case value. For marriage and inheritance cases, contingency fees are prohibited. The specific fees will be determined in the power of attorney contract. It is recommended to clarify the fee details in advance.
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If the other party defaults on child support payments, you can apply to the court for enforcement based on the effective legal document. The court may freeze and seize deposits, withhold income, and list the defaulter as a person of bad faith; if the defaulter refuses to comply with the court's order, they may be detained.
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Marriage and family legal services can be provided through online consultation and pre-review of materials, but key procedures such as filing a case, attending court hearings, and mediation usually require a combination of offline and online litigation. For major procedures, it is still necessary for the client to appear in person.
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The custody of children over the age of eight shall be determined in accordance with the principle of what is most beneficial to the minor children, and the court shall respect their true wishes. The court shall determine the custody based on the comprehensive conditions of child-rearing, the stability of their living environment, and the wishes of the children.
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If the respondent violates the personal safety protection order, the court may reprimand, fine, or detain him/her, and if the violation constitutes a crime, criminal responsibility shall be investigated according to law. The respondent must strictly comply with the ruling, and if he/she refuses to do so, he/she will be subject to judicial sanctions.
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Legal consultation can provide a professional assessment of the facts, evidence, and applicable laws, but it is prohibited to make false promises about the outcome. The success of the case depends on the evidence and the law, and it cannot be determined solely by a probability calculation.
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Suspects can appoint lawyers as soon as they are interrogated for the first time or subjected to compulsory measures. Lawyers can meet with them, review the case files, and apply for bail, which directly affects their procedural rights and the progress of the case.
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Offshore family trusts are not a standard option for all Chinese families. They should be evaluated comprehensively based on factors such as foreign exchange, taxation, identity, and the location of assets. For domestic assets, it is advisable to prioritize domestic trusts and inheritance arrangements.
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The maximum amount of the guarantee must be agreed upon in the contract during the period when the creditor's rights are determined and the maximum amount of the creditor's rights, and the registration must be completed. According to Articles 420 and 423 of the Civil Code, the creditor's rights that occur continuously within a certain period of time must be locked in.
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Generally, according to Article 687 of the Civil Code, a guarantor enjoys the right of prior litigation defense, and the creditor may refuse to assume responsibility before the enforcement of the debtor's property is unsuccessful; if the agreement is unclear, it shall be presumed to be a general guarantee.
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The fraudulent payment of a guarantee letter shall be determined according to the exceptions of fraudulent guarantee letters: if the beneficiary knows that there is no real transaction, fictitious underlying transaction, or abuse of the right to request payment, it constitutes fraud, and the issuer may claim to stop the payment.
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Generally, the party in breach of contract shall provide evidence to refute the claims of the other party, including the existence of the breach of contract, the authenticity of the losses, the causality, and the amount of the losses; and the party in breach of contract shall also bear the burden of proof for its defenses, such as no losses, mitigation of losses, and exceeding the foreseeable loss...
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