Generally, pensions cannot be divided as part of the estate. They are paid after the death of the insured and are intended for close relatives. According to Article 112 of the Civil Code, they are not considered part of the estate and should be reasonably distributed among close relatives based on the degree of their dependency and support.
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The death compensation is not an inheritance. According to Article 1122 of the Civil Code, it does not belong to the property left behind at the time of death. It should be reasonably distributed among the close relatives according to the degree of support and dependence. If no agreement can be reached through consultation, the court may make a determination upon the request of any interested part...
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For the inheritance and transfer of central government-owned housing, the first step is to confirm the right of inheritance (through a will or statutory inheritance), then proceed with the transfer registration based on the public certificate of inheritance rights or the court's judgment document. Usually, a certificate from the property rights unit is also required, and the entire process may tak...
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In foreign-related divorces, domestic real estate shall be divided in accordance with Article 1087 of the Civil Code, and the spouse who repaid the loan and the corresponding appreciation portion during the marriage shall be compensated. It is necessary to first confirm the jurisdiction of Chinese courts, and the valuation time point will affect the amount of compensation.
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When seeking a divorce lawyer, you need to prepare three types of materials in advance: identity and marriage certificates, clues to property and debts, and evidence of marital breakdown. Generally, a divorce will be granted if the couple has been separated for more than a year. It is recommended to hire a lawyer as soon as possible to sort out the evidence.
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The right to visitation is a statutory right, and the methods, time, and obligations to assist should be clearly specified in the divorce agreement or judgment. If the custodial parent refuses to assist, the other party can apply for enforcement. If the visitation is detrimental to the physical and mental health of the child, the visitation can be suspended.
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The first-instance ordinary procedure for divorce litigation lasts six months, and the simplified procedure lasts three months; mediation for divorce is faster, and if the court does not grant a divorce in the first instance, the next litigation may take one to two years. For cases involving foreign parties or complex property disputes, the litigation period will be even longer.
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Family legal services cover the entire process of pre-marital and marital property arrangements, divorce agreements and litigation, child custody, property division, inheritance, family property division, protection against domestic violence, and cross-border marriage-related family matters.
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The separation for more than two years does not automatically lead to divorce. Divorce requires an agreement or litigation. Separation for more than two years due to marital discord is one of the statutory grounds for divorce. If the court refuses to grant a divorce, the parties may file a lawsuit again after one year of separation.
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When the child reaches the age of two, if the parents cannot reach an agreement, the court will make a judgment based on the principle of what is most beneficial to the minor child. Taking into account the parents' ability to raise the child and the child's growth environment, the court will respect the child's true wishes if the child is over the age of eight.
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Before marriage, if the parents pay the down payment to buy a house, it will generally belong to the party who registered it after the divorce. The other party will be compensated for the joint repayment of the loan and the corresponding appreciation in value. If both parents contribute funds, the property will be divided in proportion, and the proof of the contribution must be kept.
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The presence of domestic violence does not necessarily result in the loss of custody rights, but it significantly reduces the chances of obtaining custody. The court makes its decision based on the principle of acting in the best interests of the minor children, and respects the wishes of children aged eight and above.
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If you discover that your spouse is cohabiting with someone else, you should legally secure evidence. You can divorce by agreement or litigation and request compensation for damages. Cohabitation must involve continuous and stable living together, and the party without fault should be granted a share of the assets during the divorce settlement.
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The first lawsuit for divorce does not necessarily result in a divorce judgment. The court uses the standard of whether the marital relationship has truly broken down to determine the outcome. If the court rules against the divorce and the couple subsequently live apart for one year before filing another lawsuit, the court shall legally grant the divorce upon the second lawsuit, provided that suff...
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There is no standard pricing for lawyers' fees for concealing assets during divorce. The fees are usually determined through negotiation based on the value of the assets and the difficulty of obtaining evidence. If hidden assets are discovered, the parties may request a second division of assets in accordance with Article 1092 of the Civil Code, and the statute of limitations for such requests is ...
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