Children are first-order heirs with their parents, with no distinction in priority or principle of equal shares. Those who fulfill their main duty of supporting their parents may receive a larger share. If there is a legal and valid will, the inheritance shall be executed in accordance with the provisions of the will first.
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The property division agreement signed privately by family members is not necessarily invalid. Its validity depends on its true intent and legality. If it involves real estate, it must be registered. Disposing of others' property may be invalid. It is recommended to specify clear shares and consult a lawyer.
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Heirs can negotiate an unequal division of the inheritance among themselves; the Civil Code stipulates that unequal division is acceptable as long as it is agreed upon by all parties. For example, the primary caregiver may receive a larger share, those with financial difficulties should be taken care of, and those who fail to fulfill their obligations may receive a smaller share or none at all.
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In principle, the second-order heirs shall receive an equal share of the inheritance. However, those who have fulfilled their main duty of supporting the decedent or lived with him/her may receive a larger share. Those who have the ability to support but fail to fulfill their obligations may receive a smaller share or no share at all. It is also possible to negotiate an unequal distribution of the...
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If the siblings of the decedent die before the decedent, their children shall succeed to the inheritance in their stead, which is a second-order subrogated succession. This rule applies only when there are no first-order heirs and the subrogated successors have not lost their right of succession.
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The alimony for unemployed individuals is not zero. The court determines it based on their financial status and local living standards. It can refer to the income of the same industry or be offset by the property under their name. Generally, it is paid monthly until the children reach adulthood.
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The principle of child support is to pay it regularly, and paying it in a lump sum is an exception. Only when the other party has the ability to make a one-time payment and it is beneficial to the children's interests will the court support it. Generally, the payment is made monthly until the children reach adulthood.
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When a child reaches the age of eight, the court should respect their true wishes, but the decision must be made based on the principle of what is in the best interests of the minor child. It's not just about ruling based on what the child says; the court needs to consult with the child and record their opinions in accordance with the law.
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In child custody disputes, lawyers help clients secure evidence that the children live with them, advocate for what is most beneficial to the minor children, address the other party's faults, and clarify visitation rights, with judgments being made in accordance with the Civil Code.
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Whether to hire a lawyer to fight for custody rights depends on the complexity of the dispute. When the conflict is intense, involves large amounts of property, or involves determining fault, a lawyer can help organize evidence, design strategies, and make judgments based on the principle of what is best for the children.
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The alimony shall be determined according to the actual needs of the children, the parents' ability to bear the expenses, and the local living standards; for those with fixed incomes, the alimony shall generally be paid at a rate of 20% to 30% of their total monthly income, which shall be determined by the court based on comprehensive consideration of all factors.
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In divorce litigation, lawyers help you safeguard your rights through property inventory, custody evidence, and litigation strategies. According to the Civil Code, the party at fault may receive a smaller share of the marital assets or no share at all. It is recommended to retain a lawyer as soon as possible to preserve evidence.
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Marriage and family legal consultations are usually charged on a per-session or hourly basis, with some law firms offering free initial consultations. After signing a contract, the consultation fees can often be deducted. It is recommended to first clarify the billing method and whether it includes follow-up services.
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When choosing a divorce law firm, you should consider factors such as the firm's expertise in the relevant field, its local legal experience, and the convenience of communication. Both chain law firms and local firms have their own advantages and disadvantages. It is recommended to make a judgment based on the complexity of the case and the qualifications of the lawyers handling it.
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The process of a divorce litigation attorney includes case acceptance and evaluation, evidence sorting, filing a lawsuit, presenting evidence at the trial, mediation and judgment, and subsequent enforcement. It is recommended to hire an attorney as soon as possible to secure key evidence.
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