The inheritance and real estate of Taiwan residents in mainland China are subject to mainland Chinese law; documents such as wills and kinship certificates issued in Taiwan must be notarized by local courts in Taiwan, forwarded by the Straits Exchange Foundation, and verified by mainland notary associations before they can be used in mainland China.
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The inheritance and real estate of Hong Kong residents in the mainland are subject to mainland laws, while their movable property may be governed by the law of their domicile. Hong Kong wills and inheritance documents must be notarized and transmitted by a Chinese notary public before being used in the mainland, and litigation for division may be necessary in some cases.
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Forging a will does not automatically result in the loss of inheritance rights, and the circumstances must be serious. According to the Civil Code, those who forge, alter, conceal or destroy wills under serious circumstances will lose their inheritance rights. In judicial practice, the determination of serious circumstances is strict, and it requires the court's confirmation.
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The child living with the father and grandparents for a long time to form a stable environment is a consideration factor of the court, but not a decisive one. To change the custody right, it is necessary to meet the statutory conditions. Simply being taken care of by the elderly does not necessarily affect the custody right. The core issue is still what is most beneficial to the children.
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After receiving the detention notice, family members cannot directly visit the detainees in the detention center. Only defense lawyers can meet with them in accordance with the law. Family members' visits must be approved by the case-handling organ and the public security organ. In practice, such visits are generally not arranged for undecided prisoners.
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The other party can legally defend against and hold accountable the forgery of joint debts: According to Article 1092 of the Civil Code, those who forge debts and attempt to misappropriate the other party's property may be awarded a smaller share or no share at all; the key lies in providing evidence of the flow of funds and the purpose of borrowing money, and asserting their rights in a timely ma...
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Not cooperating with visitation does not necessarily lead to a direct change in custody rights. It is necessary to prove that the situation has reached a level that is seriously detrimental to the physical and mental health of the children. The court will make decisions based on what is in the best interests of the minor children. If there is long-term malicious obstruction, it can be used as evid...
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Family mediation can resolve conflicts, establish rights, and reduce costs: lawyers represent their clients in mediation, and the court's mediation agreement, once signed, has the same legal effect as a judgment; if mediation fails, the right to sue will not be affected, and it is suitable for family disputes involving custody, property, and emotional entanglement.
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If the other party does not allow visitation, you can first negotiate and urge them. If that doesn't work, you can file a lawsuit for visitation rights separately or request the court to enforce it by force. If they refuse to cooperate and the circumstances are serious, you can request a change in custody rights. The key is to secure evidence of the obstruction.
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The alimony shall be determined according to the actual needs of the children, the parents' ability to pay, and the local living standards. For those with fixed incomes, the alimony shall generally be paid at 20% to 30% of their total monthly income, and no more than 50% for those supporting more than two children. If no agreement can be reached, the court will make a judgment.
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In divorce litigation, lawyers can assist in investigation and evidence collection according to law: organizing the materials provided by the parties, applying to the court for evidence collection, and conducting overseas evidence collection and file verification. However, they are not allowed to collect evidence illegally, and the key is to form a complete chain of evidence.
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After the divorce, if joint debts are discovered, those used for the common life and operation shall be jointly assumed; if one party fabricates or exceeds the daily needs, the other party may argue against jointly assuming the debts, and the overpaid part may be recovered according to the divorce agreement or judgment.
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Marriage and family legal consultations can help clients systematically evaluate the pros and cons of divorce by sorting out their assets and debts, predicting the division of custody and fault liability, estimating the cost and time of litigation, identifying evidence gaps, and providing a basis for decision-making.
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The two children's assets should not be divided equally in a divorce. The court will make a comprehensive determination based on the principle that is most beneficial to the minor children. It will consider factors such as the ability to raise the children, the record of parental accompaniment, the wishes of children over the age of eight, and the adverse factors of the other party. Financial cond...
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Family law services include divorce litigation, property division, child custody, inheritance, foreign-related marriages, and marriage invalidation; clarifying ownership through evidence chains, mediating litigation in parallel, and using cross-border experience to handle complex cases involving identity and jurisdiction.
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