Frequently Asked Questions

24 2026-9

How to choose a suitable lawyer for child custody matters?

When choosing a custody lawyer, it's important to consider their expertise in family law and their experience with similar cases and evidence-gathering strategies. Henglue Law Firm once helped a client successfully secure custody of her young son, with the court ordering the father to pay 3,000 yuan per month in child support and awarding the client 50,000 yuan in compensation.

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24 2026-9

Is the property purchased before marriage considered a joint asset after marriage?

Before marriage, buying a house with a full payment is considered personal property; after marriage, if the couple repay the loan together, they need to compensate according to Article 78 of the Interpretation. Even if the house is registered in the individual's name after marriage, it is still considered joint property. In similar cases handled by Henglue Law Firm, the disputed amount of 5.81 mil...

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24 2026-9

When a spouse cheats, will they be forced to leave the marital home with nothing after the divorce?

There is no system of "leaving the house with nothing" in the law. According to Article 1087 of the Civil Code, the party who cheated on their spouse may be awarded a smaller share of the property. In cases of cohabitation and bigamy, the innocent party can claim compensation. In similar cases handled by Henglue Law Firm, the innocent party was awarded 70% of the joint property and gained custody ...

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24 2026-9

The house bought before marriage was added with the other party's name after marriage. How will it be divided in the event of a divorce?

After adding the bride's name to the pre-marital house and registering it, it is generally considered joint property, but the share is determined according to Article 1087 of the Civil Code, which is not equal in half; if no agreement can be reached, it can be handled through bidding, appraisal or auction, and the innocent party once received a 70% share.

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24 2026-9

When is it necessary to seek marriage legal advice?

Five situations, including premarital property planning, protection against domestic violence, divorce decision-making, custody and property division impasse, and foreign-related or large-asset marriages, should be consulted as soon as possible. According to Article 1079 of the Civil Code, if the couple has been living apart for more than a year before filing for divorce, the divorce should be gra...

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24 2026-9

Which country's law applies to foreign-related marriage property agreements?

Foreign-related marital property agreements may, in writing, choose the law of the party's habitual residence, nationality, or the location of the main property (Article 24 of the Law on the Applicable Law). If no agreement is made, the law of the common habitual residence shall apply, and overseas real estate shall be governed by the law of the location where it is located.

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24 2026-9

Are the lawyers found online reliable? How can I verify their qualifications?

There are four steps to verify a lawyer's qualifications: checking the license number and practice status, verifying the law firm's practice license, signing a written power of attorney, and obtaining an invoice from the law firm for public fees. It is illegal for unlicensed individuals to practice law under the guise of being lawyers (Article 13 of the Lawyers Law).

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24 2026-9

What should I do if I'm summoned by the public security organ for investigation?

The person being summoned shall appear on time, give a truthful statement, and check the transcript: the maximum duration of a criminal summons is 12 hours, and for major and complex cases, it shall not exceed 24 hours (Article 119 of the Criminal Procedure Law); the duration of a public security inquiry and verification is generally 8 hours; and family members may entrust a lawyer on their behalf...

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24 2026-9

What materials do I need to prepare for personal legal consultation?

For personal legal consultations, you need to bring three types of materials: identity proof, factual evidence such as contract documents, and a timeline of your claims. The statute of limitations for civil cases is generally three years, and one year for labor arbitration. If you don't have all the necessary materials, you can first seek advice. If you're facing financial difficulties, you can ap...

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24 2026-9

How are the equities of overseas-listed companies divided in divorce proceedings?

For the division of overseas equity in divorce, the applicable law shall be determined first (Article 24 of the Law on the Application of Laws). Equity and income within the marriage belong to common property. If no agreement can be reached, they can be distributed according to the proportion of quantity. It is advisable to arrange notarization, authentication, and foreign exchange compliance as e...

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24 2026-9

How to handle the inheritance of foreign-related estates overseas?

For overseas inheritance cases, the applicable law must be determined first before proceeding with local procedures: real estate is subject to the law of the place where it is located, and movable property is subject to the law of the place where the decedent was habitually resident at the time of death; starting from November 7, 2023, cross-border documents can be replaced by the Hague Apostille ...

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24 2026-9

Do verbal amendments to the content of a contract have legal effect?

Oral amendments to the contract are effective upon mutual consent in accordance with Article 543 of the Civil Code, and Article 469 recognizes the oral form. WeChat records are statutory evidence, and the core of the dispute is the provision of evidence. It is recommended to confirm the amendments in writing to leave a record.

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24 2026-9

Under what circumstances are standard contract clauses invalid?

Clauses that are unreasonable in terms of exempting liability, increasing the other party's responsibilities, or excluding the other party's main rights are invalid according to Article 497 of the Civil Code; clauses exempting liability for personal injury are absolutely invalid; the statute of limitations is three years, and the party may claim an unfavorable interpretation.

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24 2026-9

How is the penalty for delayed house delivery calculated?

The penalty for delay in handing over the house shall be calculated in accordance with the contract. If there is no agreement in the contract, the penalty shall be determined by referring to the rent of similar houses in the same area. If the penalty is too high or too low, the party concerned may request an adjustment in accordance with Article 585 of the Civil Code. The statute of limitations fo...

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