Legal Information

24 2026-9

What should I do if we can't reach an agreement on the division of marital assets during the divorce negotiations?

If no agreement can be reached, the party concerned may request the court to make a judgment in accordance with the principles of considering the children's interests, the woman's interests, and the interests of the innocent party as stipulated in Article 1087 of the Civil Code; sort out the property before suing, apply for an investigation order, and apply for preservation measures when necessary...

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24 2026-9

After signing the divorce agreement, what should I do if the other party fails to fulfill their obligations?

You can sue to demand performance and claim overdue interest: The divorce agreement is binding on both parties and must be fully performed in accordance with Article 509 of the Civil Code; if the other party refuses to perform after the judgment takes effect, you can apply for enforcement, and the statute of limitations is three years.

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24 2026-9

When getting a divorce, will the party who maliciously transfers property be awarded a smaller share or no share at all?

Yes. According to Article 1092 of the Civil Code, if a person hides, transfers, sells, damages, or squanders the couple's common property or forges debts, they may be awarded a smaller share or no share in the divorce settlement. If such acts are discovered after the divorce, the other party may request a re-division of the property.

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24 2026-9

Can child custody and alimony be claimed at the same time?

Yes. Custody and alimony can be claimed together: According to Articles 1084 and 1085 of the Civil Code, children under the age of two generally stay with their mothers, and alimony is generally paid at 20% to 30% of the monthly income until they reach the age of 18.

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24 2026-9

Who gets the children's lucky money in a divorce?

The lucky money is a gift to the child, which belongs to the child's personal property and cannot be divided by the couple during the divorce. It shall be managed by the party who directly raises the child, and in accordance with Article 34 of the Civil Code, the interests of the child shall be the primary consideration.

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24 2026-9

Can a full-time housewife request compensation for housework if she gets divorced?

According to Article 1088 of the Civil Code, the party who bears more obligations in raising children and caring for the elderly can request compensation when divorcing, which is no longer subject to the separate property system. In practice, the court usually awards compensation of tens of thousands of yuan.

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24 2026-9

After the divorce judgment takes effect, what should I do if the other party refuses to cooperate with the transfer of ownership?

As soon as the divorce judgment takes effect, a change in property rights will occur. If the other party refuses to cooperate, you can apply to the court for forced execution of the transfer of ownership based on the effective judgment. The application period for enforcement is two years, so it is recommended to handle it as soon as possible.

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24 2026-9

Can I change my mind during the divorce cooling-off period?

According to Article 1077 of the Civil Code, either party may withdraw the divorce application within 30 days of the cooling-off period. If the parties fail to jointly apply for the divorce certificate within 30 days after the expiration of the cooling-off period, it shall be deemed that the application has been withdrawn. There is no cooling-off period for litigation divorce.

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24 2026-9

Are foreign court divorce judgments valid in China?

A divorce judgment issued by a foreign court must be recognized and approved by a Chinese intermediate court before it takes effect; according to Article 1051 of the Civil Code, remarrying without such recognition may constitute bigamy and render the marriage invalid.

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24 2026-9

What evidence is required for litigation of contract disputes?

For contract litigation, four types of evidence are required: contract documents, performance certificates, payment and communication records, and proof of losses. WeChat records are electronic data. Keeping the original carrier allows them to be presented and cross-examined in court.

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24 2026-9

Is it useful to hire a lawyer to handle contract disputes?

When lawyers handle contract disputes, they can assess the chances of winning, organize evidence, refute and offset claims in court, and defend against statutes of limitations; the burden of proof lies with the claimant, and professional representation directly affects the amount of the judgment and the recovery of funds.

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24 2026-9

What clauses must be clearly stated in a legal advisor contract?

There are eight essential clauses in a consulting contract: the main team, the service list, the response time limit, the cost node, the billing for exceeding the scope, confidentiality and conflict of interest, breach of contract refund, and dispute resolution. Quantifying each item can help avoid disputes.

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24 2026-9

How can small and medium-sized enterprises choose suitable legal advisory services?

When selecting a legal advisor, consider four key factors: industry experience, response efficiency, service list, and fee model. Quantify each annual service item in the contract and cover risks related to contracts, employment, intellectual property, and accounts receivable.

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24 2026-9

What's the difference between a "deposit" and an "advance payment" when buying a house?

The deposit is subject to the penalty of double refund, with the maximum amount being 20% of the total housing price; the booking fee is just a prepayment and is generally refundable. Before signing the contract, check the written terms carefully, keep the receipts and transfer records, and fix the evidence in time in case of disputes.

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24 2026-9

If the seller breaches the contract and refuses to sell the house, can we request a forced transfer of ownership?

If the contract is valid and meets the conditions for performance, the buyer may request the seller to continue to perform the contract and order the seller to assist in the transfer of ownership; if the contract cannot be performed, the buyer may terminate the contract and claim breach of contract damages or compensation for the price difference.

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