Whether divorce lawyers provide free consultations depends on the law firm's policies. Some offer limited free initial consultations, while charging fees for in-depth analysis. Commissioned representation is subject to separate fees, and the charges must be clearly specified in writing.
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Changing the custody relationship requires legal grounds, such as the custodian being seriously ill, failing to fulfill their obligations, or abusing the children; the plaintiff should provide evidence of circumstances that are detrimental to the children, and the case shall be tried in accordance with Article 56 of the Judicial Interpretation.
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The non-litigation services of marriage and family lawyers include pre-marital/marital property agreements, drafting divorce agreements, wills and inheritance planning, arrangements for child support and wealth inheritance, etc. The focus is on preventing disputes.
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When choosing a divorce lawyer, you should consider their professional expertise, verifiable qualifications, and genuine case records. Verify their practicing license and experience in similar cases. Be cautious of unrealistic promises of guaranteed victory, and sign a written contract to clarify the fees and responsibilities.
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A prenuptial agreement is made before marriage, and a marital property agreement is made during the marriage. Both agreements must be in writing and take effect in accordance with Article 1065 of the Civil Code, with each serving a different purpose.
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Generally, disputes over child custody rights in different places are sued at the defendant's domicile or habitual residence; only in cases of statutory exceptions such as the defendant's whereabouts being unknown, can the lawsuit be filed in the plaintiff's jurisdiction. It is recommended to first confirm the jurisdiction of the court.
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Before marriage, premarital assets belong to each spouse separately during a divorce, but they may be transformed if the couple repays the loan together, merges their accounts, or adds each other's names to the account; according to Article 1063 of the Civil Code, it is recommended to keep the acquisition certificates and maintain the separation of assets.
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A prenuptial agreement is valid even if it is not notarized, as long as it is genuine and legal, it will be binding on both parties. Notarization enhances the evidentiary effect but is not a prerequisite for its validity. It is recommended to sign a written agreement and keep the ownership certificates.
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The alimony can be offset by the house, but this requires a written agreement between the two parties and must not harm the interests of the children. According to Article 1085 of the Civil Code, it is difficult to obtain support for unilateral offsetting of alimony with a house, and it is recommended to include it in the mediation agreement to formalize it.
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If you have been defrauded, you should go to the police station with your ID card and evidence, truthfully state the time, method, amount, and the other party's information, cooperate in making a deposition, and request a receipt for accepting the case; the public security organ shall accept the case according to law and initiate a case if it believes there are criminal facts.
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The Hengluo Lawyer Team covers areas such as marital and family affairs, inheritance, criminal defense, land expropriation and demolition, creditor's rights and debt enforcement, labor and work-related injuries, real estate and construction, personal injury, intellectual property and law, commercial contracts, and financial and foreign-related matters.
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Generally, attorneys' fees are borne by the parties themselves. Only in cases where the contract explicitly stipulates or under special legal circumstances (such as intellectual property, personal rights, environmental public interest litigation, etc.) can the losing party be requested to bear the costs. The litigation fees are borne by the losing party.
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Individuals can purchase and convert foreign exchange within the facilitation quota of 50,000 U.S. dollars per year with their ID cards; for amounts exceeding the quota, they must provide proof of authenticity and are not allowed to lend the quota or make false declarations.
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After the completion of the public announcement of the change of rights in the assignment of guarantee, the guarantor may be compensated preferentially for the subject matter, with priority over ordinary creditors; if the announcement is not made, the guarantee only has the effect of a creditor's right, which is difficult to resist against bona fide third parties.
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When the same property is subject to both a mortgage and a pledge, the order of repayment shall be determined in accordance with the registration and delivery time in accordance with Articles 414 and 415 of the Civil Code, and the repayment shall be made in parallel according to the proportion of the creditor's claims.
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