The most effective way to prevent children from disputing over inheritance is to make a clear allocation in a legally valid will before death, supplemented by property sorting and family agreements; to plan in advance according to the rules of will and statutory inheritance in the Civil Code, and to reduce disputes after death.
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If the funds in the stock account of Alipay or WeChat are transferred, you can apply for a court investigation order or a property preservation inquiry based on the transaction records; according to Article 1092 of the Civil Code, if the transferring party receives a smaller share or no share at all, it is recommended to fix the evidence as soon as possible.
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Generally, the money borrowed by one spouse without the other's knowledge is not considered a joint debt. Only when the money is used for daily family needs or when there is a joint intention to repay the debt does it become a joint liability. It is recommended to retain evidence showing that the borrowed money was not used for family purposes and that the other spouse did not subsequently acknowl...
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During the cooling-off period for divorce, the marital relationship remains in existence, and the assets acquired during the marriage generally remain jointly owned. However, debts must be distinguished between personal and joint debts. It is recommended to avoid large-scale transfers of assets during the cooling-off period and, if necessary, to apply for asset preservation.
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The principle of custody is to ensure the best interests of the minor children, and income is just one of the reference factors. If the other party has a high income but spends little time with the children, and the party concerned has been directly raising the children for a long time, the court is more likely to award custody to the party who actually takes care of the children.
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Where the child has reached the age of eight, the court shall respect his or her true wishes, but the wishes are not the only determining factor. The court shall still determine the custody based on the principle that is most beneficial to the minor child.
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To secure custody rights, evidence should be collected from three aspects: the child living with the applicant, the applicant's advantages in raising the child, and the respondent's unsuitability for child-rearing. This includes living records, education and medical bills, and proof of income and residence. The child's wishes, if aged over eight, are also crucial.
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The cooling-off period for divorce begins from the date the marriage registration authority receives the application for divorce registration, and the period is 30 days. Within 30 days after the cooling-off period expires, the two parties need to jointly apply for the divorce certificate. If the application is overdue, it will be regarded as a withdrawal. The cooling-off period does not apply to l...
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Before marriage, personal real estate is generally considered to be individual and non-divisible; after marriage, if the couple repays the mortgage together, the repayment and the appreciation part should be compensated to the other party; after marriage, if the name is added or the ownership is agreed upon, it shall be handled as joint ownership. According to Articles 1063 and 1087 of the Civil C...
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Before divorce, if a parent buys a large-sum insurance policy for a child, is this considered a transfer? It depends on the source of the insurance premiums and the purpose of the purchase: If the insurance is purchased with an unusually large amount of marital funds or to reduce the potential for divisible assets, it may be deemed a transfer; however, normal protection measures are generally not ...
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To obtain custody rights, one must prove that they are more conducive to the physical and mental health of the children: stable companionship, housing income, the children living with them for a long time, the unsuitability of the other party to raise the children, and the wishes of children over the age of eight; the decision shall be made based on a comprehensive assessment according to Article ...
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To find a reliable divorce lawyer, consider the following five aspects: verifiable professional qualifications, specialization in marital and family law, similar case experience, honest communication without guaranteeing victory, and transparent and compliant fee structures. After discussing options in person, you can then decide to hire them.
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After the custody judgment, the child can still apply for a change if he/she is over eight years old: According to Article 1084 of the Civil Code, if the child over the age of eight wishes to live with the other party and the other party has the ability to raise the child, the request should be supported. It is necessary to provide evidence that the other party is not suitable to raise the child o...
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Whether the forced demolition is illegal depends on the procedure: if no decision has been made, the subject is not qualified, or the demolition is carried out without the court's enforcement, it is generally illegal and the party concerned can claim compensation; if the demolition is carried out in accordance with the legal procedures of the legal expropriation, it is legal. It is recommended to ...
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The fee for legal consultation is subject to agreement and is not always free. Initial simple consultations are often free, while in-depth analysis usually incurs a fee. For formal representation, the fee is charged on a per-case, hourly, or pro rata basis, and a contract must be signed for standardized charging.
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