Frequently Asked Questions

24 2026-9

After divorce, do I need the other party's consent to change my child's surname?

After divorce, if a minor child wants to change his/her surname, the parents shall reach an agreement and go to the household registration authority to handle it. If one of the parents changes the child's surname without the other's consent, the other party may request to restore the original surname. It is not allowed to refuse to pay child support on the grounds of changing the surname.

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24 2026-9

Does a prenuptial agreement require a lawyer to witness it?

A written prenuptial agreement becomes effective upon its establishment in accordance with the law, and notarization and witnessing by a lawyer are not prerequisites for its effectiveness. The agreement should be in writing, with legal content and true intent. For real estate-related matters, it is advisable to promptly handle the change of registration procedures.

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24 2026-9

How is the standard for child support calculated?

For those with a fixed income, the alimony payment is 20% to 30% of their total monthly income, and no more than 50% for families with more than two children. Generally, the alimony payment lasts until the child reaches the age of 18. The alimony includes living expenses, education expenses, and medical expenses, which can be determined by agreement or court judgment.

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24 2026-9

What is the process of civil litigation? Do I need a lawyer?

Civil litigation involves the following steps: filing a lawsuit, registering the case within seven days, paying fees, submitting a defense and evidence, holding a court hearing, and issuing a judgment. The ordinary procedure is completed within six months. If you are not satisfied with the judgment, you can appeal within 15 days. Hiring a lawyer is not mandatory, but it is recommended to hire one ...

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24 2026-9

How are the fees charged by law firms determined?

Lawyers' fees are divided into government-guided prices and market-regulated prices, and are charged in four ways: by piece, by proportion of the subject matter, by time, and by contingency fee. Contingency fees are prohibited in cases such as marriage and inheritance, and the maximum fee charged should not exceed 30% of the standard fee.

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24 2026-9

What should be paid attention to when transferring wealth across borders?

For foreign-related inheritance, the statutory inheritance shall be governed by the law of the decedent's habitual residence at the time of death, and the real estate shall be governed by the law of the place where the real estate is located. It is recommended to arrange a combination of wills, trusts, and insurance and to properly file tax returns.

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24 2026-9

How should a request for the return of a child abducted across borders under the Hague Convention be submitted?

According to the Hague Convention of 1980, an application for the return of the child to the central authority of the contracting state where the child is located should be submitted. In principle, the child should be returned within one year after being taken away. The application materials should include a guardianship certificate and evidence of the child's removal.

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24 2026-9

How to set up an equity distribution option pool in a company?

The option pool typically reserves 10% to 15% of the equity before financing, and the options are issued through a limited partnership platform or held by the founder on behalf of the company. It is recommended that the bylaws and shareholder agreements simultaneously stipulate the vesting period, the exercise price, and the rules for repurchasing shares upon departure.

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24 2026-9

What aspects should be addressed in the prevention and control of contract risks in enterprises?

The prevention and control of contract risks involves four key steps: conducting due diligence on the counterparty's qualifications before signing the contract, formalizing key clauses during contract negotiation, maintaining written records during contract performance, and promptly issuing notices and seeking legal protection after a breach of contract. The emphasis should be on prevention rather...

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24 2026-9

What should I do if the other party breaches the contract and refuses to compensate me?

If the other party breaches the contract and refuses to make compensation, you can file a lawsuit for compensation in accordance with Articles 577 and 585 of the Civil Code after sending a written notice to preserve evidence. If necessary, you can apply for property preservation; and after winning the lawsuit, you can apply for compulsory enforcement if the other party refuses to perform the oblig...

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24 2026-9

In the distribution of company equity, how can founders maintain control of the company?

The control relies on the proportion of shares, the design of the articles of association, and the arrangement of agreements: maintaining more than half or two-thirds of the voting rights, and stipulating the voting rights arrangement in the articles of association in accordance with Article 65 of the Company Law, supplemented by voting rights entrustment and concerted action agreements.

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