The inheritance attorney's fees are charged on a per-case or per-value basis, with actual expenses charged separately. In family law cases, contingency fees are limited, and clients should be wary of "no win, no fee" arrangements. Fees must be explicitly specified in writing when signing the contract.
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In the absence of a will, the legal succession follows the following order: first, the spouse, children, and parents; second, siblings and grandparents. Stepchildren must form a supportive relationship with their parents, and widowed daughters-in-law and sons-in-law may be considered as first-order heirs if they fulfill their duty of support.
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For properties without a will, the inheritance shall be handled in accordance with the law. The first-order heirs, including spouses, children, and parents, shall divide the property equally. Those who have waived their inheritance rights through notarization but later regret their decision may face difficulties in obtaining legal support. It is recommended to draft a will as early as possible.
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According to Article 1136 of the Civil Code, to print a will, it is necessary for two or more witnesses to sign each page and note the date. In the event of conflicting wills, the latest will shall prevail, and the notarized will made before the Civil Code shall take precedence.
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If the inheritance is encroached upon, the claimant can demand its return and division. According to Article 235 of the Civil Code, the claimant may request the return of the original property. If there is no will, the inheritance shall be inherited according to law. If no agreement can be reached through negotiation, the claimant may file a lawsuit and apply for preservation of the property.
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In cases of domestic violence, victims can independently apply for a personal safety protection order without having to file for divorce first. The court generally issues a ruling within 72 hours, and in urgent cases, within 24 hours, which can prohibit the perpetrator from committing violence or harassment, and order them to move out of the victim's home.
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According to Article 1079 of the Civil Code, the breakdown of a relationship must be determined based on a combination of evidence, including police reports, chat photos, separation certificates, and punishment decisions. If the evidence is insufficient, the court may rule against granting a divorce.
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In divorce litigation, it is not mandatory to hire a lawyer. If the facts are clear, you can handle it yourself. However, for complex situations such as large-scale property disputes, domestic violence, or cross-border cases, it is recommended to hire a lawyer. According to Article 1079 of the Civil Code, the court shall mediate and decide on the divorce based on the agreement of the parties.
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The attorney's fees for custody disputes depend on whether the case involves property division and the amount of the claim. Marriage cases prohibit contingency fees, and quotes should be based on written contracts. It is recommended to first evaluate the evidence and assets involved in the case.
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The success rate of the man in obtaining custody rights depends on the principle of acting in the best interests of the children and the evidence: stable companionship, income from residence, the children's wishes (if they are over eight years old), and the circumstances in which the other party is unqualified. Systematic evidence-gathering can increase the chances of success.
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According to Article 1063 of the Civil Code, personal real estate owned before marriage shall not be divided; avoiding adding the other spouse's name to the property title and mixing the two parties' assets, keeping the investment certificates, and ensuring that the parents' investment is clearly gifted to one party can help prevent the property from being divided during a divorce.
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If the other party is unwilling to sign a prenuptial agreement, alternative solutions such as a marital property agreement, property notarization, account segregation, and a written gift declaration can be used to establish ownership in accordance with Article 1065 of the Civil Code.
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The two sides are competing for custody rights, and the lawyer organizes evidence based on the principle of what is best for the minor children: a stable living environment, companionship and care, income and living conditions, and the unsuitability of the other party, in order to gain the court's support.
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After the divorce, if the other party is found to have hidden assets, the party concerned may, in accordance with Article 1092 of the Civil Code, request a re-division of the assets. The statute of limitations for such litigation is three years, starting from the date of discovery. Evidence such as bank transaction records and property registration documents are needed to prove the transfer of ass...
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During the maternity leave, social insurance contributions shall be paid as usual: the employer shall bear the employer's portion, and the employee's portion shall be deducted from the maternity allowance or the employee's salary; the higher of the allowance and the salary shall be implemented, and the difference shall be made up by the employer. For those who have not participated in social insur...
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