Frequently Asked Questions

22 2026-10

What should one do if one party changes their mind and does not agree to the divorce during the cooling-off period?

The lawyer explained that if one party changes their mind during the divorce cooling-off period, the divorce agreement will be terminated. Only when the party insists on divorce can the case be transferred to litigation. According to the Civil Code, if the parties can prove that their marriage has broken down, the divorce will still be granted. The lawyer also advised them to be vigilant against t...

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22 2026-10

How is the division of assets handled during the divorce litigation process?

The lawyer explained that in divorce litigation, the division of property is handled together with the request for divorce. The court makes a judgment based on the principles of protecting the rights and interests of children, the wife, and the non-at-fault party. The lawyer also reminded the parties to distinguish between pre-marital and post-marital property and to guard against fictitious debts...

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22 2026-10

When dividing marital assets after a divorce, if it's discovered that the other party has transferred their assets, can the transferred assets be recovered?

The lawyer explained that if the other party transfers the couple's joint property during the divorce, it can be recovered according to law. According to Article 1092 of the Civil Code, if the other party receives a smaller share or no share of the property, the party can request a re-division of the property within three years after the divorce. The lawyer also provided tips on preserving evidenc...

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22 2026-10

Can one still sign a prenuptial agreement after getting married?

The lawyer explained that it is still possible to sign a marital property agreement after marriage, and the Civil Code does not specify the signing time. The written agreement is binding on both parties, and the lawyer also mentioned the importance of notarization and its external legal effect.

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22 2026-10

If the other party does not agree to the divorce, will they be granted a divorce in the first lawsuit?

The lawyer explained the judicial trend regarding the first divorce lawsuit where the other party disagrees: if the evidence is insufficient, the court will generally rule against the divorce. However, if there is evidence of bigamy, domestic violence, or a separation of more than two years, or if the couple separates for more than one year after the court rules against the divorce and then files ...

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22 2026-10

What should you pay attention to when hiring a lawyer to handle a lawsuit?

The lawyer advises that when hiring a lawyer to litigate, you should verify the lawyer's practice information, sign a written power of attorney, clarify the scope of authority and fees, cooperate with the statute of limitations for providing evidence, and be wary of illegal promises such as "guaranteed victory" and "connections".

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22 2026-10

What is the difference between legal advice and hiring a lawyer?

The lawyer explained the differences between legal consultation and hiring a lawyer: consultation only obtains opinions and does not form an agency relationship; whereas entrusting a lawyer establishes an agency relationship that entitles the client to review case files and attend court hearings. The lawyer also highlighted the key points regarding contract signing and statutes of limitations.

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22 2026-10

How are qualified private investors identified?

The lawyer explained the criteria for identifying qualified private investors: individuals must have a financial asset of no less than 3 million yuan or an average annual income of no less than 500,000 yuan over the past three years, while institutions must have a net asset of no less than 10 million yuan. He also highlighted the key points of appropriateness and compliance.

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