The lawyer explained that the survivor's allowance and pension are based on the status of the survivor, and do not belong to the estate. However, the funds that have been disbursed are often distributed among close relatives in accordance with the principles of estate division.
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The lawyer explained that the heirs should pay off the deceased's tax debts within the actual value of the inherited estate, and that waiving inheritance can exempt them from liability. He also cited examples of determining the scope of the estate when handling inheritance disputes.
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The lawyer explained that credit card debts are classified as joint and individual debts according to Article 1064 of the Civil Code, and gave an example of the division of a joint debt of 35,000 yuan in a case he handled.
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The lawyer explained that the divorce cooling-off period only applies to divorce by agreement. During the cooling-off period, one can file for divorce at any time, and the lawyer also explained the relief measures for transferring property and the standards for granting a divorce judgment.
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According to Article 1079 of the Civil Code, the party seeking a divorce must provide evidence of the five types of circumstances allowing divorce, including police reports, medical certificates, and evidence of separation. If the parties remain separated for more than a year after the court's decision not to grant the divorce, the court shall grant the divorce.
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According to the law, lawyers are not allowed to promise a high success rate. In custody cases, the court rules according to the principle that is most beneficial to the minor children. The outcome depends on the facts and evidence related to custody. This article uses three actual cases to illustrate the logic of the court's rulings.
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For annuity insurance policies paid with joint marital assets, the cash value of the policy is generally considered marital joint property. The parties may negotiate that one party holds the policy and compensates the other party with half of the cash value, or withdraw the policy and divide the proceeds among them.
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If a party retracts their agreement on the division of property after a divorce by agreement, the court shall accept the case, but the request will be rejected if the party fails to prove that there were circumstances such as fraud or coercion when the agreement was concluded. If it is found that the party concealed their assets, the other party may request a redivision of the property.
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If one party does not return to China from abroad, they may file a lawsuit for divorce with the court at the defendant's domicile or habitual residence. After the announcement of the court summons, the court may proceed with the trial in the absence of the defendant. If the mediation fails due to the breakdown of the marriage, the court will grant the divorce.
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The lawyer explained the three winning strategies and defensive points for the man to secure custody rights, and cited the firm's successful cases, such as winning custody rights in the second instance and ensuring that the innocent party obtains custody rights.
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The lawyer explained the list of evidence before divorce: four main lines including emotional breakdown, fault, property, and child custody, the boundaries of the legality of evidence collection and the timing of preservation, and cited cases handled by the law firm.
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The lawyer explained the adjudication rules and winning strategies for the man to secure custody rights: the three main aspects are care evidence, stable environment, and the other party's unqualified circumstances, and cited a case handled by his firm as an example.
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The lawyer explained the ruling on custody rights and the standard of alimony: for those with a fixed income, alimony is generally paid at 20% to 30% of their monthly income; for children under the age of two, the principle is that the mother should directly raise them; and for children over the age of eight, the child's wishes should be respected.
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The lawyer explained the time limit for reviewing and approving personal safety protection orders: The court shall make a ruling within 72 hours after accepting the case, and within 24 hours in emergencies. Applicants can apply for such orders independently without having to file for divorce first.
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The lawyer explained that unauthorized loan suspension may result in penalty interest, credit reporting issues, and legal risks. If the borrower meets the conditions, they can terminate the contract and request the developer to return the loan. The lawyer also provided practical steps for issuing a notice of default, terminating the contract, and taking protective measures.
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