The mandatory reserved share and the special reserved share are different: the former is the mandatory share reserved for vulnerable heirs according to Article 1141 of the Civil Code of China, while the latter is the mandatory share enforced by civil codes of continental law systems on a proportional basis. China does not have a special reserved share system.
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If the will does not provide for a mandatory reserved share, the beneficiary may request to retain the necessary share before the division of the estate or during litigation, and the part that the beneficiary has no right to dispose of may be declared invalid. The beneficiary may assert their rights within three years from the date they become aware of the infringement of their rights, in accordan...
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If a person lacks the ability to work and has no source of livelihood, both must be determined simultaneously: the ability to work is based on the appraisal conclusion or the disability certificate, and the source of livelihood is determined based on income, social security, and support. According to Article 1141 of the Civil Code, the necessary share of assets shall be reserved for the person in ...
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Creditors may sue spouses to repay debts together, but this is limited to joint debts: debts signed jointly, debts acknowledged after the fact, or debts necessary for daily family life; debts incurred by individuals beyond daily needs must be proven by the creditor and handled in accordance with Article 1064 of the Civil Code.
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It is not advisable for couples to hire the same lawyer from the same law firm when getting a divorce. According to Article 39 of the Lawyers Law, the same lawyer cannot represent both parties in the same case. Conflicts of interest must be avoided and resolved. It is recommended that each party hire a lawyer from a different law firm.
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Under the principle of joint debt and joint signature, debts incurred for the daily needs of the family are considered joint debts if both parties sign or ratify them; debts exceeding daily needs must be proven by the creditor.
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The child has reached the age of eight. The court determines that the custody rights should respect the child's true wishes, but still decides based on the principle of what is most beneficial to the minor child, taking into account the child's living conditions and developmental records.
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Professional divorce law firms and family law departments of comprehensive law firms each have their own advantages: the former has a large number of family law cases and concentrated experience, while the latter has strong cross-field collaboration. When making a choice, one should consider the experience in handling similar cases and the transparency of fees.
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For the first time suing for divorce, it is recommended to hire a lawyer: the lawyer can fix the evidence of the breakdown of the marriage, sort out the property and custody plans, and increase the possibility of resolving the dispute at one go according to Article 1079 of the Civil Code.
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If a couple registers their marriage abroad, they can file for divorce in China, and the case will be heard by a court with jurisdiction in China in accordance with the Civil Procedure Law. Foreign documents such as marriage certificates must be notarized and authenticated, and the case will be registered after all the required materials are prepared.
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The statute of limitations for the division of marital property is generally three years. If the concealed or transferred property is discovered, the statute of limitations begins to run from the date of discovery. Once the statute of limitations expires or the right to obtain a judgment in favor of the plaintiff is lost, the plaintiff should file a lawsuit to preserve evidence as soon as possible...
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There is no unified standard for attorney fees for custody cases. They are negotiated based on hourly rates, time spent, or a percentage of the case value, and risk-based fees are not allowed in marital cases. Court fees are charged in accordance with the "Measures for the Payment of Litigation Costs" and are accumulated in stages.
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The extramarital affair does not directly determine custody rights. The court will make a judgment based on the principle of what is most beneficial to the minor children, and respect the children's wishes if they are over eight years old. Evidence of the extramarital affair can be used for property division and compensation.
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The fees charged by family law firms are not necessarily higher. Lawyers' fees are negotiated in accordance with regulations, and risk-based representation is prohibited in marital cases. Litigation fees are accumulated in stages according to the "Measures for the Payment of Litigation Costs", and a written breakdown should be requested before signing the contract.
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The reliability of online marriage and family counseling depends on the qualifications of the practitioners and the analysis of individual cases. Before formally entrusting a lawyer with the case, it is necessary to verify the lawyer's practice license number. For complex cases, it is recommended to have a face-to-face consultation and sign a written contract of entrustment.
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