It is difficult to rectify the effectiveness of a will signed by witnesses after the fact, and wills such as those written by others must be signed in the presence of the testator at the time of drafting. It is recommended to standardize the witnessing process or re-notarize the will on the spot to avoid formal defects leading to its invalidation.
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It cannot be generalized whether illiterate people can serve as witnesses to wills. According to Article 1140 of the Civil Code, it depends on whether they have the ability to witness. For wills written by others, it is advisable to choose witnesses who have the ability to read and are neutral.
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It's not mandatory to hire a lawyer when filing a custody lawsuit, but the burden of proof and procedural requirements are high. The core evidence shows that it's more beneficial for the child to be raised by the parent who files the lawsuit. It is recommended to consult a lawyer as soon as possible in complex situations.
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Family law consulting firms usually charge fees, while public legal platforms and those who meet the requirements can receive free legal aid according to the Law on Legal Aid. It is recommended to first seek preliminary consultation and then entrust a lawyer or apply for legal aid based on the actual situation.
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Whether divorce lawyers provide free consultations depends on the law firm's policies. Some offer limited free initial consultations, while charging fees for in-depth analysis. Commissioned representation is subject to separate fees, and the charges must be clearly specified in writing.
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Changing the custody relationship requires legal grounds, such as the custodian being seriously ill, failing to fulfill their obligations, or abusing the children; the plaintiff should provide evidence of circumstances that are detrimental to the children, and the case shall be tried in accordance with Article 56 of the Judicial Interpretation.
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The non-litigation services of marriage and family lawyers include pre-marital/marital property agreements, drafting divorce agreements, wills and inheritance planning, arrangements for child support and wealth inheritance, etc. The focus is on preventing disputes.
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When choosing a divorce lawyer, you should consider their professional expertise, verifiable qualifications, and genuine case records. Verify their practicing license and experience in similar cases. Be cautious of unrealistic promises of guaranteed victory, and sign a written contract to clarify the fees and responsibilities.
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A prenuptial agreement is made before marriage, and a marital property agreement is made during the marriage. Both agreements must be in writing and take effect in accordance with Article 1065 of the Civil Code, with each serving a different purpose.
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Generally, disputes over child custody rights in different places are sued at the defendant's domicile or habitual residence; only in cases of statutory exceptions such as the defendant's whereabouts being unknown, can the lawsuit be filed in the plaintiff's jurisdiction. It is recommended to first confirm the jurisdiction of the court.
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Before marriage, premarital assets belong to each spouse separately during a divorce, but they may be transformed if the couple repays the loan together, merges their accounts, or adds each other's names to the account; according to Article 1063 of the Civil Code, it is recommended to keep the acquisition certificates and maintain the separation of assets.
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A prenuptial agreement is valid even if it is not notarized, as long as it is genuine and legal, it will be binding on both parties. Notarization enhances the evidentiary effect but is not a prerequisite for its validity. It is recommended to sign a written agreement and keep the ownership certificates.
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The alimony can be offset by the house, but this requires a written agreement between the two parties and must not harm the interests of the children. According to Article 1085 of the Civil Code, it is difficult to obtain support for unilateral offsetting of alimony with a house, and it is recommended to include it in the mediation agreement to formalize it.
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If you have been defrauded, you should go to the police station with your ID card and evidence, truthfully state the time, method, amount, and the other party's information, cooperate in making a deposition, and request a receipt for accepting the case; the public security organ shall accept the case according to law and initiate a case if it believes there are criminal facts.
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The Hengluo Lawyer Team covers areas such as marital and family affairs, inheritance, criminal defense, land expropriation and demolition, creditor's rights and debt enforcement, labor and work-related injuries, real estate and construction, personal injury, intellectual property and law, commercial contracts, and financial and foreign-related matters.
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