The custody of children in cross-border divorces shall be determined or mediated by the Chinese courts with jurisdiction in accordance with the principle that is most beneficial to the minor children; if the parties are foreign nationals who have a habitual residence in China, the Chinese courts may also exercise jurisdiction over the case.
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The core of separating premarital property from marital joint property is that the funds are not mixed and the ownership can be proven; according to Article 1063 of the Civil Code, premarital property will not be converted due to the continuation of marriage.
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After divorce, it is not necessary to hire a lawyer to change the custody rights, but when it comes to providing evidence for legal changes and comparing stable environments, a lawyer can improve the quality of evidence and strategies.
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The divorce agreement stipulates that the debt shall be borne by one party and is effective and binding within the couple, but it cannot be used against bona fide creditors; after one party makes repayment, they can seek reimbursement according to the agreement.
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In divorce property division disputes, the party claiming joint property has the burden of proof, and the key evidence includes property ownership certificates, investment and loan repayment records, vehicle registration and purchase tax certificates, chat records, etc.
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The two parties shall first seek mediation from the court for custody rights, and the principle to be followed is to ensure the best interests of the minor children. The court shall determine custody based on the child's age, environment, and parenting ability in accordance with Article 1084 of the Civil Code.
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To investigate whether a spouse has hidden real estate, equity, and deposits, one can apply for a court investigation order to check real estate, industrial and financial records. According to Article 1092 of the Civil Code, one can claim a smaller share or no share of the marital property.
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If you discover that your spouse is transferring property, you can claim a smaller share or no share according to Article 1092 of the Civil Code. The key is to collect evidence of the spouse's financial transactions and changes in real estate ownership, and to apply for property preservation.
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Before marriage, personal savings do not automatically become joint property upon marriage; according to Article 1063 of the Civil Code, the key point is that the source of the funds must be clear and not mixed with post-marital property. It is recommended to keep the transaction records of the funds.
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Online marriage and family counseling can be used for preliminary reference, but major divorce, property division, and custody issues still require practicing lawyers to evaluate them based on evidence to avoid missing deadlines due to misinterpretation of the law.
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The lawyer explained the common non-litigation legal services: long-term consultancy, contract review, due diligence and mergers and acquisitions, labor compliance, intellectual property layout, and will witnessing, including the fee charging methods and selection advice.
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The lawyer explained four legal ways to obtain the other party's bank transaction records: court investigation, lawyer's investigation order, order to produce documentary evidence, and property preservation, including the right of revocation and the liability for refusing to execute the judgment.
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The lawyer explained the entire process of entrusting an agent for civil litigation: signing a contract, issuing a power of attorney, filing a case and providing evidence, attending court hearings, appealing and executing the judgment, including key time limits such as the 15-day appeal period.
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The lawyer explained the key points of the investors' lawsuit against the false financial reporting: the preliminary procedures have been cancelled, jurisdiction and statute of limitations, evidence list, loss calculation, and the scope of joint and several liability subjects.
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The lawyer explained the conditions for determining compensation for stock price manipulation: According to Article 55 of the Securities Law, it is necessary to satisfy the manipulative behavior, the loss and the causality. The punishment decision is an important basis, which includes the statute of limitations and the claim path.
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