If the divorce negotiations fail, you can apply for mediation from a mediation organization or file a lawsuit with the court. There is a 30-day cooling-off period for divorce by agreement, and the first-instance ordinary procedure for litigation divorce takes 6 months. It's important to gather evidence as soon as possible.
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Within 30 days of the divorce cooling-off period, either party may withdraw the application. If no application for marriage registration is made within 30 days after the expiration of the cooling-off period, it shall be deemed as a withdrawal of the application; during the cooling-off period, lawyers can draft and review agreements, fix evidence, and make arrangements for children in advance. For ...
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When contesting custody rights, evidence should be organized around the principle that is most beneficial to the minor children: parenting ability, attendance records, the wishes of children over the age of eight, the adverse factors of the other party, and the feasibility of custody arrangements. It is important to maintain the continuity of the custody status.
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If the couple cannot reach an agreement, they can directly file a lawsuit for divorce in court. However, the standard for granting a divorce is that the marital relationship has indeed broken down. Legal circumstances such as bigamy, cohabitation, domestic violence, and persistent bad habits that cannot be corrected through repeated education, as well as separation for more than two years, require...
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For remarried families, signing a prenuptial agreement can clarify the boundaries of property, isolate debts, arrange for child custody, and connect with testamentary inheritance. The agreement must be in writing and express the true intentions of the parties. It is recommended that a lawyer draft the agreement.
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In divorce disputes, lawyers can be entrusted to participate in negotiation and mediation or act as a mediator in litigation. Lawyers only represent their clients. The civil mediation agreement issued by the court, once signed and received, has the same legal effect as a judgment. If the mediation fails, it will not affect the right to sue.
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Free platforms provide general information, do not address specific cases, and do not assume professional responsibility. Paid lawyer consultations have a duty of confidentiality, can conduct in-depth analysis of specific cases, and provide continuous services.
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It can be arranged in advance through tools such as wills, designated guardianship, design of equity and control rights, insurance, and family trusts. Each tool has its own applicable conditions and restrictions, and it is necessary to design a system based on the asset structure.
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Detention is a supervision measure, with a maximum duration of six months; detention can be divided into criminal detention (with a maximum duration of 37 days) and administrative detention (with a maximum combined duration of 20 days). The three types of detention differ in their legal basis, applicable subjects, duration, and the scope for lawyers to intervene.
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The bondholders' meeting is convened by the issuer or the trustee. Bondholders who hold a certain proportion of bonds can propose to hold the meeting. The resolutions are generally adopted by a majority of the voting rights present, and are binding on all bondholders.
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If the bond fails to be redeemed upon maturity, the holder may negotiate an extension, exercise the right of mortgage, protect their rights through litigation or arbitration, and the bondholders' meeting may form a resolution on disposal. The statute of limitations for litigation is three years, so it is recommended to fix the evidence as soon as possible.
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Lending a securities account to others for stock trading violates Article 58 of the Securities Law, and the lender may be ordered to make corrections, receive warnings, or be fined; the lender may also bear civil and criminal risks.
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If the provisions stipulating both arbitration and litigation are invalid as a whole, the parties may file a lawsuit according to statutory jurisdiction or supplement the arbitration agreement afterwards; any objection to the validity of the agreement shall be raised before the first hearing of the arbitration tribunal.
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When the contract does not stipulate the jurisdiction, the court at the place of performance may register the case: the place where the party receiving the currency is located, the place where the real estate is located, and the place where the party performing the obligation of other subject matters is located shall be the place of performance.
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The contract may stipulate in a written agreement that the court with jurisdiction over the dispute shall be the court located at the defendant's domicile or the place of performance, etc., which have an actual connection with the dispute, but it shall not violate the provisions on hierarchical jurisdiction and exclusive jurisdiction.
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