Frequently Asked Questions

09 2026-10

How to collect evidence favorable to oneself in a custody dispute?

When collecting evidence for custody rights, it is necessary to document the child's living arrangements with the parent, educational and medical bills, living and income conditions, and proof of the other party's failure to fulfill their obligations. For children over the age of eight, the court is more likely to support the parent who respects the child's wishes and provides a complete chain of ...

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09 2026-10

How to file a custody lawsuit?

The custody dispute should focus on providing evidence in accordance with the principle of what is in the best interests of the minor children: records of the child's living with the parent, education and medical bills, living and income conditions, and the other party's shortcomings. According to Article 1084 of the Civil Code, children under the age of two should, in principle, live with their m...

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09 2026-10

Both parties are abroad. Can they get a divorce in China?

If both parties are abroad, but one of them has a habitual residence in China, he/she may file a lawsuit for divorce in a Chinese court; foreign marriage registration authorities generally do not accept such cases, and the divorce must be resolved through litigation or mediation. According to Article 1080 of the Civil Code, the divorce will take effect upon the entry into force of the mediation ag...

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09 2026-10

What role does the child's wishes play in the custody judgment?

According to Article 1084 of the Civil Code, the true wishes of children who have reached the age of eight should be respected. However, the court still makes a comprehensive judgment based on the principle of maximizing the interests of minor children, taking into account their ability to be raised and their growth environment. Therefore, the child's wishes are not the only criterion for decision...

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09 2026-10

Can the at-fault party in a marriage receive a smaller share of the marital property?

Simply having an affair doesn't necessarily result in a lower score, but according to Article 1087 of the Civil Code, the principle of protecting the innocent party can lead to a more favorable division of assets; hiding or transferring property may result in a lower or no score according to Article 1092; and in cases of bigamy, cohabitation, or domestic violence, the injured party can claim damag...

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09 2026-10

Can a lawyer access the other party's bank transaction records?

Lawyers cannot independently inquire into the bank transaction records of the other party, but they can apply to the court for an investigation order or evidence collection; they need to provide specific clues such as the opening bank, account number, and the period involved, and submit the application before the evidentiary deadline, in accordance with Article 35 of the Lawyers Law and Article 67...

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09 2026-10

How to prevent the other party from transferring assets during the divorce process?

To prevent the transfer of property during a divorce, you should sort out clues such as deposits, real estate, and equity and keep the relevant evidence. If necessary, you can apply for property preservation and a lawyer's investigation order. According to Article 1092 of the Civil Code, the transferring party may receive a smaller share or no share during the division of property.

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09 2026-10

What are the fees charged by lawyers for mediation services?

There is no unified national standard for lawyers' mediation fees. They are charged on a per-case basis, as a percentage of the litigation amount, or on an hourly basis, and are subject to the "Measures for the Administration of Lawyers' Service Fees". Discounts can be negotiated.

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09 2026-10

How to choose a lawyer for a class-action lawsuit against unfinished buildings?

For class-action lawsuits against unfinished buildings, it is advisable to select a team that is familiar with mass real estate disputes and has experience in terminating contracts and stopping payments. It is important to consider their professional competence, qualifications, and transparent fee structures, and to be cautious of false promises of guaranteed victories in litigation.

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09 2026-10

What should I do if I receive a notice requiring me to demolish the building within a specified timeframe?

Upon receiving the decision on demolition within a specified timeframe, the party concerned shall immediately file for reconsideration within 60 days or initiate legal proceedings within six months, and verify the procedures and the legality of the decision. The execution of the decision shall not be suspended during the reconsideration or litigation process, but there are exceptions. Failure to c...

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09 2026-10

Do banks compensate customers if they recommend high-risk products?

The bank recommended high-risk products, which caused losses. If it failed to fulfill its obligations of suitability and disclosure, it should compensate for the losses. According to the "Nine Civil Cases", the selling institution should bear responsibility for its faults, and the principal losses can be claimed as compensation.

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09 2026-10

How to protect one's rights when bank deposits are converted into insurance products?

It is a sales misleading for deposits to be converted into insurance, and banks have the obligation to ensure appropriateness and provide clear explanations. If depositors sign insurance contracts due to major misunderstandings, they can request to revoke the contracts and refund the premiums. It is recommended to keep the audio evidence and file complaints or lawsuits in a timely manner.

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09 2026-10

Can a major misunderstanding lead to the rescission of a contract?

A contract concluded due to a major misunderstanding may be revoked in accordance with Article 147 of the Civil Code, provided that it can be proven that there are substantial errors regarding the nature of the act, the subject matter, etc., and that these errors have caused significant losses; the right of revocation shall be exercised within 90 days from the date on which the party knows or shou...

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09 2026-10

Can a contract be revoked if it appears to be unfair?

If the contract is grossly unfair, it can be revoked in accordance with Article 151 of the Civil Code. It is necessary to prove that one party takes advantage of the other party's being in a critical situation or lacking the ability to make judgments, resulting in an obvious imbalance of rights and obligations; and the right of revocation should be exercised within one year from the date when the ...

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