The qualification of an heir is determined in accordance with Article 1127 of the Civil Code: the first order of succession includes spouses, children, and parents; stepchildren who have formed a foster relationship have the right of inheritance; the parties shall first negotiate, and if no agreement is reached, the court shall determine the succession rights.
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The acceptance fee for inheritance cases is calculated based on the value of the subject matter in stages: for a subject matter worth 1 million yuan, the fee is approximately 13,800 yuan; the market-regulated price for attorney fees shall be determined based on the written contract, and the acceptance fee for cases resolved through mediation or withdrawal of the lawsuit shall be paid at half the s...
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A holographic will requires the presence of at least two witnesses, one person to write it and indicate the date, and all parties to sign it (Article 1135 of the Civil Code); keeping audio and video recordings and having the witnesses appear in court can effectively address disputes over its authenticity.
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Custody rights can be mediated. According to Article 1079 of the Civil Code, the court shall conduct mediation when hearing divorce cases, and custody and visitation can be agreed upon together. The mediation agreement shall have the same legal effect. As a general rule, children under the age of two shall be directly raised by their mothers.
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According to Article 1092 of the Civil Code, if a person transfers jointly owned property before divorce, they may be awarded a smaller share or no share at all; if the transfer is discovered after divorce, the party concerned may request a re-division of the property within three years from the date of discovery.
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In China, jurisdiction over transnational divorces is vested in the place where the parties have their habitual residence; the applicable law for property matters is determined in accordance with Article 24 of the Law on the Application of Laws to Foreign-related Civil Relations, and the division of jointly owned property is governed by Article 1087 of the Civil Code.
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According to Article 1084 of the Civil Code, children under the age of two are generally raised by their mothers; for children over the age of two, the decision shall be made based on the principle that is most beneficial to the minor children, and the alimony shall be determined with a reference range of 20% to 30% of the income.
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When choosing a divorce attorney, consider their expertise in family law, similar case experiences, and mediation strategies. Henglu Law Firm once assisted a woman who was a victim of domestic violence in mediating her divorce, stipulating a 9-hour weekly visitation period.
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When choosing a custody lawyer, it's important to consider their expertise in family law and their experience with similar cases and evidence-gathering strategies. Henglue Law Firm once helped a client successfully secure custody of her young son, with the court ordering the father to pay 3,000 yuan per month in child support and awarding the client 50,000 yuan in compensation.
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Before marriage, buying a house with a full payment is considered personal property; after marriage, if the couple repay the loan together, they need to compensate according to Article 78 of the Interpretation. Even if the house is registered in the individual's name after marriage, it is still considered joint property. In similar cases handled by Henglue Law Firm, the disputed amount of 5.81 mil...
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There is no system of "leaving the house with nothing" in the law. According to Article 1087 of the Civil Code, the party who cheated on their spouse may be awarded a smaller share of the property. In cases of cohabitation and bigamy, the innocent party can claim compensation. In similar cases handled by Henglue Law Firm, the innocent party was awarded 70% of the joint property and gained custody ...
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The other party can apply for preservation of property in accordance with Articles 103 and 104 of the Civil Procedure Law; pre-litigation preservation requires a guarantee and must be sued within 30 days; the maximum preservation fee is 5,000 yuan, and according to Article 1092 of the Civil Code, the transferring party may receive a smaller share of the property.
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After adding the bride's name to the pre-marital house and registering it, it is generally considered joint property, but the share is determined according to Article 1087 of the Civil Code, which is not equal in half; if no agreement can be reached, it can be handled through bidding, appraisal or auction, and the innocent party once received a 70% share.
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Five situations, including premarital property planning, protection against domestic violence, divorce decision-making, custody and property division impasse, and foreign-related or large-asset marriages, should be consulted as soon as possible. According to Article 1079 of the Civil Code, if the couple has been living apart for more than a year before filing for divorce, the divorce should be gra...
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Foreign-related marital property agreements may, in writing, choose the law of the party's habitual residence, nationality, or the location of the main property (Article 24 of the Law on the Applicable Law). If no agreement is made, the law of the common habitual residence shall apply, and overseas real estate shall be governed by the law of the location where it is located.
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