The lawyer explained that full-time mothers' long-term care for their children could be a favorable factor for custody, but evidence is needed. He also noted the application of the principle of children under two years old, the child's wishes at the age of eight, and compensation for housework duties.
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The lawyer explained that the demolition benefits of the homestead that were omitted during the divorce can still be divided according to law, and the spouse, as a resettled person, is entitled to a share. The lawyer also advised the client to check the resettlement agreement, confirm the proportion of ownership, and explore alternative litigation options.
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The lawyer explained that there is no automatic divorce in China. Separation for more than two years is only one of the statutory circumstances for determining the breakdown of a marriage. It is still necessary to register the agreement or obtain a divorce judgment through litigation. The lawyer also pointed out the rules regarding the provision of evidence for separation and the re-litigation for...
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The lawyer explained that when dividing the pre-marital equity and its appreciation after marriage, it is necessary to distinguish between natural appreciation and joint operating income. According to the Civil Code and the Interpretation of the Marriage and Family Chapter, the fruits and natural appreciation belong to the individual, while the operating income belongs to the couple. The lawyer al...
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The lawyer explained that if one party changes their mind during the divorce cooling-off period, the divorce agreement will be terminated. Only when the party insists on divorce can the case be transferred to litigation. According to the Civil Code, if the parties can prove that their marriage has broken down, the divorce will still be granted. The lawyer also advised them to be vigilant against t...
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The lawyer explained that in divorce litigation, the division of property is handled together with the request for divorce. The court makes a judgment based on the principles of protecting the rights and interests of children, the wife, and the non-at-fault party. The lawyer also reminded the parties to distinguish between pre-marital and post-marital property and to guard against fictitious debts...
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The lawyer explained that if the other party transfers the couple's joint property during the divorce, it can be recovered according to law. According to Article 1092 of the Civil Code, if the other party receives a smaller share or no share of the property, the party can request a re-division of the property within three years after the divorce. The lawyer also provided tips on preserving evidenc...
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The lawyer explained that after the divorce judgment, clients can still seek legal assistance in the enforcement phase, which includes forced execution, interest on delayed performance, and the division of hidden assets. He cited an example of handling a case involving a discounted price of 945,000 yuan.
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The lawyer explained the differences in evidence, legal application, and procedures between hiring a lawyer and not hiring one, and demonstrated the professional value of handling cases involving cross-border bigamy, domestic violence mediation, and family property division.
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The lawyer explained that custody rights are adjudicated according to the principle of what is most beneficial to the minor children, rather than based on gender. Children under the age of two are generally awarded to the mother, and the lawyer cited a case where both children were awarded to the mother.
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The lawyer explained that it is still possible to sign a marital property agreement after marriage, and the Civil Code does not specify the signing time. The written agreement is binding on both parties, and the lawyer also mentioned the importance of notarization and its external legal effect.
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The lawyer explained the judicial trend regarding the first divorce lawsuit where the other party disagrees: if the evidence is insufficient, the court will generally rule against the divorce. However, if there is evidence of bigamy, domestic violence, or a separation of more than two years, or if the couple separates for more than one year after the court rules against the divorce and then files ...
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The lawyer advises that when hiring a lawyer to litigate, you should verify the lawyer's practice information, sign a written power of attorney, clarify the scope of authority and fees, cooperate with the statute of limitations for providing evidence, and be wary of illegal promises such as "guaranteed victory" and "connections".
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The lawyer explained that if the debtor transfers property to relatives without compensation or at a clearly unreasonably low price, the creditor may exercise the right of revocation to recover the property. The lawyer also pointed out the one-year and five-year preclusive periods and the key points of the burden of proof.
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The lawyer explained the differences between legal consultation and hiring a lawyer: consultation only obtains opinions and does not form an agency relationship; whereas entrusting a lawyer establishes an agency relationship that entitles the client to review case files and attend court hearings. The lawyer also highlighted the key points regarding contract signing and statutes of limitations.
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