Legal Information

24 2026-10

How is custody determined for a child over 2 years old?

The custody of the child, who is over two years old (has reached the age of two), shall be determined by the court in accordance with the principle of acting in the best interests of the minor child. The court shall comprehensively consider the child's upbringing conditions, growth environment, and the child's wishes. For children aged over eight, the court shall respect their true wishes and hand...

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24 2026-10

How to collect evidence of a spouse transferring property without breaking the law?

Collecting evidence of a spouse transferring property must be done legally. Such evidence can be secured through methods such as checking the transaction records of joint accounts, conducting property registration inquiries, recording conversations in public places, and obtaining court investigation orders. It is strictly prohibited to use illegal methods such as wiretapping and intrusion. Any vio...

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24 2026-10

Can I seek compensation if I divorce due to domestic violence?

In the event of divorce due to domestic violence, the victim can request compensation for damages. According to Article 1091 of the Civil Code, domestic violence constitutes a statutory basis for compensation. The key lies in obtaining evidence such as police reports, injury assessments, and medical records, which can be claimed in court together with other relevant claims.

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24 2026-10

During the divorce cooling-off period, if we make up and withdraw the divorce application, do we still have to wait to get divorced next time?

If the application is withdrawn during the cooling-off period, the current procedure will be terminated. For divorce by agreement, the parties must re-apply and go through another 30-day cooling-off period. For divorce by litigation, there is no cooling-off period restriction, and the parties can directly file a lawsuit in accordance with the provisions of the Civil Code.

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24 2026-10

How long is the validity period of a personal safety protection order?

The validity period of a personal safety protection order shall not exceed six months, and it shall take effect from the date on which the court issues it. It may be extended upon application before the expiration of the validity period. Generally, the court shall make a ruling within 72 hours, and in urgent cases, it shall handle the matter in accordance with the Anti-Domestic Violence Law within...

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24 2026-10

What's the deal with Hengluo Law Firm introducing a child psychology perspective?

Hengluo introduces the perspective of child psychology into custody cases, evaluates custody arrangements based on children's emotions and attachments, and assists in making professional judgments in accordance with the principle that is most beneficial to minor children.

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24 2026-10

How to find out if the other party has transferred the couple's jointly owned property?

To identify the other party's transfer of property, you can review the bank transaction records, the transfer of real estate and vehicles, and the industrial and commercial information. Apply for a court investigation order or property preservation, and claim a smaller share or no share according to Article 1092 of the Civil Code.

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24 2026-10

What should I do if the other party fabricates debts during the divorce process?

When divorcing, if the other party fabricates debts, you can require them to provide evidence of the authenticity and purpose of the debts. You can legally defend against debts that are false or exceed daily needs, claim an undivided or reduced share, and handle the matter in accordance with the Civil Code.

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24 2026-10

Can custody disputes over children be resolved through mediation?

The custody of children can be resolved through court mediation or agreements; the court makes a judgment based on the principle that is most beneficial to the minor children, and children under the age of two are generally directly raised by their mothers.

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24 2026-10

Are the fees for marriage and family legal services expensive?

The fees for marriage and family legal services depend on the complexity of the case and the matching of the property subject. For marriage and inheritance cases, risk-based fees are not allowed. It is recommended to first review the fee details and the stages included before entrusting the case to a lawyer.

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24 2026-10

How is the litigation agency service of Hengluo Law Firm?

Hengluo Litigation Agency covers the filing, evidence collection, court hearings, and enforcement of civil, criminal, and administrative cases; it handles cases with a professional team and standardized procedures, conducting risk assessments before accepting cases rather than making promises about the outcomes.

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24 2026-10

What are the most common legal risks faced by small and medium-sized enterprises (SMEs)?

The common risks faced by SMEs mainly include contracts, labor employment, intellectual property, creditor's rights and debts, and corporate governance. Establishing a compliance system in accordance with the Civil Code, the Labor Contract Law, and other relevant laws can help prevent and address these risks in advance.

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24 2026-10

Can I request compensation for being wrongfully detained?

If a person is detained erroneously, they can apply for state compensation according to law. According to the State Compensation Law, if the responsibility for detention is terminated after unlawful detention or detention beyond the statutory time limit, the victim has the right to receive compensation, which is calculated based on the average daily wage of workers in the previous year.

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24 2026-10

How to repossess a vehicle when the financing lease rent is overdue?

After the rent is overdue, the lessor may give notice to the lessee and rescind the contract to take back the leased object after a reasonable period, but may not forcibly repossess the vehicle without authorization; and may assert rights in accordance with the Civil Code and judicial interpretations.

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24 2026-10

How to handle the situation where after-sales leaseback is deemed as a loan?

After the after-sales leaseback is identified as a loan, it should be handled in accordance with the actual legal relationship; according to the Judicial Interpretation of the Supreme People's Court on Financial Leasing, if the lease is in fact a loan, it shall be handled and protected in accordance with the loan contract relationship.

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