Insights
Insights
Ningbo false divorce to buy a house three major risks
How big is the risk of buying a house with "fake divorce" in order to avoid purchase restrictions and pay less tax? The conclusion is that the risk is very high, and there is no "fake divorce" at all in the law-as long as the divorce is registered in the marriage registration office, the marriage relationship will be dissolved, and there is no such thing as "invalidation" or "restoration. Article 2 of the (II) on the Interpretation of Marriage and Family Compilation, which was implemented in February 2025, is more clear: after the husband and wife register for divorce, if one party requests confirmation of the invalidity of the divorce on the grounds that the intention of both parties is false, the people's court will not support it. Often…
Who owns the divorce by buying a house under the name of Ningbo?
The house is written in the name of one party or parents, but it is actually jointly funded by husband and wife. Who will it belong to when they divorce? First of all, the conclusion is that there is a separation between the "actual investor" and the "registered right holder" in buying a house under a name. The handling rules are divided into two situations-if the property is registered under the name of one of the husband and wife and cannot prove the existence of a name, the divorce is usually divided according to the common property of the husband and wife. If it is registered in the name of a third person such as parents, it is generally not directly divided into common property in divorce proceedings, the right...
Can the divorce of Ningbo homestead house be divided?
Can the homestead house in the countryside be divided as common property when divorcing? The conclusion first: it can be divided, but what is divided is not "land" but "house". The right to use the homestead has the attribute of membership of the collective economic organization, and one party who is not a member of the collective cannot obtain the right to use it after divorce. However, if the above-ground house is jointly built, rebuilt or invested by husband and wife, it is a divisible common property-in practice, it is generally treated as follows: the house is owned by the party with membership, and the other party is discounted on the value of the house...
How to Unseal Ningbo Property Sealed
Is a divorce, the name of the property was suddenly seized, how to do? Many parties first reaction is "the house is gone", in fact, far less serious. The conclusion first said: in divorce proceedings, one party can apply for property preservation to seize the property under the other party's name to prevent transfer. To unseal, there are four main ways: to provide security replacement unseal, to apply for reconsideration of the preservation ruling,...
Ningbo Divorce Insurance Beneficiary Change
If you forget to change the beneficiary of the policy after divorce, can the former spouse still receive death insurance? Conclusion: Yes. As long as the beneficiary is not changed at the time of the divorce, the death claim may still be paid to the former spouse as agreed in the contract-the divorce itself does not automatically change the designation of the insurance contract. Although the insured may unilaterally change or revoke the beneficiary, but must actually go through the written change procedures with the insurance company and obtain an endorsement, only in the divorce agreement to write "beneficiary to children" not of course against the insurance contract. This article…
How to score the winning lottery after Ningbo marriage
Is it reasonable to win a lottery ticket bought after marriage and to split it in half during the divorce? The conclusion starts with: if the lottery ticket purchased with the joint property of the husband and wife during the marriage wins, the joint property of the husband and wife can be divided during the divorce; if the lottery is purchased with the personal property before marriage and the source of funds can prove that there is room for the bonus to be identified as the personal property of one party. The winner or loser of the division lies in three sets of evidence: "who pays, when to buy, and where the money flows. This article is compiled in conjunction with the Civil Code and the guidelines for family litigation in Ningbo. One…
How to divide the value of Ningbo divorce online store
Taobao and Tmall online stores operated together after marriage, should they be divided when divorcing? Conclusion First, the management right, reputation and realizable value of the online store belong to property rights and interests. If the online store is operated together after marriage or the online store income is the main source of income, the divorce can be divided according to the joint property of the husband and wife; if it is difficult to transfer the ownership due to the restrictions of the platform rules, the practice is mostly "compensation by the continuing operator at a discount. First qualitative, then valuation, after the selection of segmentation, is the three steps to deal with the online store dispute. 1. Legal characterization: online…
Is Ningbo Bitcoin a common property?
Husband quietly bought Bitcoin, divorce is not the joint property of husband and wife? Conclusion: Bitcoin and other virtual currencies, although non-legal currency, but as a legal protection of the network virtual property with property rights and interests, the marriage relationship during the existence of the joint property of husband and wife, generally recognized as the joint property of husband and wife. The key to qualitative in the "acquisition time and source of funds" two sets of facts, this paper combines the civil code and Ningbo home...
How to divide Ningbo Bitcoin divorce
After confirming that Bitcoin is the joint property of husband and wife, how is it divided in divorce? The conclusion starts with the following: since bitcoin and other virtual currencies do not have legal tender status and transactions are strictly restricted, it is difficult to directly "transfer and split". In practice, discount is mainly negotiated-one party holds it and compensates the other party according to the market value at the agreed time point, or confirms its share according to the proportion of joint acquisition. If negotiation fails, the court shall decide the compensation with reference to the acquisition cost and present value. Ningbo Court has incorporated virtual currency into the vision of family property division, divided...
How to divide the cash value of Ningbo policy.
When a party in Ningbo divorced, he asked: Will the court divide the financial insurance policy under the husband and wife's name, which pays tens of thousands of yuan a year? The first reaction of many people is "the insurance policy is life-saving, no need to divide", or "just change the beneficiary to yourself". Neither understanding is accurate. Conclusion first said: the marriage relationship during the existence of the common property to pay premiums formed by the policy cash value, generally belongs to the common property of the husband and wife, divorce can be divided...
Zhiheng News | Condensing professional wisdom and solving difficult problems in enforcement - Zhiheng successfully held a practical seminar on enforcement
On the afternoon of July 10, 2026, the "Enforcement Practice Seminar" organized by the Enforcement Law Professional Committee of Shenzhen Bar Association and undertaken by Zhiheng Law Firm was successfully held in the large conference room on the 21st floor of Zhiheng Head Office. The seminar adopted a combination of online and offline methods. Many legal practitioners attended the meeting, and the live online broadcast also attracted hundreds of people to watch simultaneously.
Key Skills of Divorce Mediation in Ningbo
Does divorce have to go to court? In fact, mediation is often better. The conclusion starts with: mediation is the first priority in divorce proceedings-the Civil Code stipulates that the court should mediate in divorce cases first; if the two parties can reach an agreement on property, children, and debts, the court issues a mediation statement, which has the same legal effect as the judgment, and cannot be appealed., More flexible and more private. Mastering the three skills of "complete property list, details of children's arrangement, compromise plan" can significantly reduce the cost of confrontation...
Who owns the value-added part of Ningbo's pre-marital house?
Before marriage to pay the down payment to buy a house, after marriage to repay the loan, divorce when the house rose that part of the value-added who is? First of all, the conclusion is that the house itself belongs to the party who made the down payment and registered before marriage, but the sum paid for the joint repayment of the loan after marriage and the corresponding value-added part of the property are the results of the joint investment of the husband and wife. When divorce occurs, the registered party must compensate the other party-the value-added follows the proportion of repayment. If the house price rises and falls, it will shrink in proportion. There is no reason. This article discusses value-added…
How to calculate the alimony standard in Ningbo
Divorced, the child belongs to the other party, how much is the alimony reasonable? Conclusion first: if there is a fixed income, alimony is generally paid at 20% to 30 of the total monthly income, and no more than 50% of the total monthly income is borne; if there is no fixed income, it shall be determined according to the corresponding proportion with reference to the total income of the current year or the average income of the same industry; the specific amount shall be determined according to the actual needs of the children, the affordability of parents and the local living standard, and flexible methods such as one-time payment can be adopted. Child support is not something to be given "just like that"...
What are the circumstances of Ningbo bride price refund?
If the bride price is not married, or if it is married and divorced, can the bride price be returned? The conclusion first says: if the marriage registration has not been completed, the registration has been completed but the payment has not been made together, or the payment before marriage leads to difficulties in the payer's life, the bride price may be returned according to law; The judicial interpretation of the Supreme People's Court on February 1, 2024 concerning bride price further clarifies that the principle of registered marriage and living together does not support return. Only those who live together for a short time and the amount of bride price is too high can be returned discretionary. The refund ratio highly depends on…
Concealed property found after divorce in Ningbo
Only after the divorce did you find out that the other party had hidden the property and savings, can you still chase it? Conclusion: Yes. If one party hides, transfers, sells, destroys or squanders the joint property of husband and wife during divorce, the other party may sue the court for re-division after finding out, and may claim that the other party has less or no division of the relevant property (Article 1092 of the Civil Code); the statute of limitations for prosecution is three years, counting from the date of discovery (Article 84 of the (I) of Interpretation of Marriage and Family). In other words: the divorce agreement or…
Ningbo pre-marital room plus name divorce how to divide
If you buy a house before marriage and add your spouse's name after marriage, should you divide it in half when you divorce? First of all, the conclusion is that adding a name is usually regarded as a gift to the spouse. The real estate is shared by the husband and wife and participates in the division during divorce. However, the division is not evenly divided-according to Article 5 of the (II) of Interpretation of Marriage and Family, the court will determine the ownership and compensation based on factors such as the duration of marriage, the situation of living together and giving birth to children, divorce fault, contribution to the family and housing market price...
Li Ka-shing Lawyer: Sexual Crime Cases, the Game between the Protection of Victims' Rights and Strict Evidence Standards
Tell a real case and tell a part of the way to handle the case. From the dismantling of the case idea to the review of the trial strategy, from the application of communication skills to the summary of experience and lessons, each Zhiheng youth's story is a practical review and profound reflection from the front line. In this issue of "Zhiheng Youth Talk", the sharing guest, Li Ka-shing, a lawyer, talks about the thinking and growth behind the case. The current judicial environment
Who owns the house before marriage in Ningbo?
Before marriage, you pay the down payment and loan, and after marriage, who will the house belong to when you divorce? The conclusion first says: if the house purchase contract is signed before marriage, the down payment is paid with personal property and the house is mortgaged in the bank, and the house is registered in his own name, the house is generally decided to be owned by the registrant at the time of divorce, and the loan that has not been returned is his personal debt; However, the payment for joint repayment after marriage and the corresponding value-added part of the property belong to the joint investment of husband and wife, the registered party shall compensate the other party ("Marriage and Family Interpretation (...
Can Ningbo alimony be recovered?
A mother in Ningbo raised her child alone for three years, and her ex-husband didn't give her a child support fee. Can she come back now? Yes. The conclusion first says: for the alimony determined by the divorce agreement or the effective judgment (mediation agreement), the arrears can be recovered according to law; The subject of alimony is the child, and the party who directly raises it can claim it on his behalf. The court can apply for compulsory enforcement by holding the effective document. The court can inquire, freeze and deduct the property of the defaulting party. Those who refuse to perform can also be included in the list of the dishonest enforcee. The key to recourse is "effective...
After five years of cohabitation in Ningbo, the house is registered in the name of the other party. Can it be divided?
1. cohabitation does not apply to the legal property system of husband and wife. The cohabitation relationship is completely different from the marriage relationship in law. The system of joint property of husband and wife stipulated in the Civil Code is premised on the registration of marriage in accordance with the law; simple cohabitation, even for several years, does not automatically produce the effect of "joint ownership of the income after marriage. Therefore, the real estate registered in the name of the other party is presumed to be the personal property of the registered party in principle, and the logic of the division of divorce property cannot be claimed in half when breaking up. This is the most misjudged by many people...
Ningbo pre-marital home purchase loan repayment insurance housing
How can you keep your house when you buy your own house before marriage and repay the loan together after marriage? Conclusion: Can you keep it. As long as the house is a down payment made by an individual before marriage and registered in his own name, the court usually decides that the house belongs to the registrant at the time of divorce (Article 78 of the (I) on Interpretation of Marriage and Family). You do not need to "divide the house in half" to the other party-what you need to do is to calculate the principal and interest of the joint repayment after marriage and the corresponding appreciation, and compensate the other party according to law. In other words: housing is not "regardless of each other"...
What are the conditions for Ningbo to change custody
At the time of divorce, the child was awarded to the former spouse, and now he wants to change to be raised by himself, OK? The conclusion first says: yes, but it must comply with the legal reasons-one party living with the children suffers from serious illness or is unable to continue to raise due to disability, fails to raise the children or maltreats the children, the children who have reached the age of eight are willing to live with the other party and the party has the ability to raise them, or there are other legitimate reasons, they can request to change the custody relationship; The court shall review on the principle of being most favorable to minor children. Custody is not something that is simply "awarded..."
Evidence of custody of 2 to 8 years old in Ningbo
What does the court look at when a child is two or three to eight years old and divorces for custody? The conclusion first says: for children over two years of age and under eight years of age, if the parents fail to agree, the court will decide in accordance with the principle of being in the best interest of the minor children-at this age the court values "who can stably bring up the children", not who has a high income. A stable living environment, continuous daily care, and a consistent record of schooling and medical treatment are decisive evidence; high income is only one of the reference factors. This article presses "what does the court see, you...
How to divide Ningbo parents' funded houses
When buying a house, both parents gave money. How will the divorced suite be divided? The conclusion first says: first look at whether there is a written agreement when contributing capital-if the donation contract clearly stipulates that only one party will be given to one's own children, it will be handled according to the agreement; If there is no agreement or the agreement is unclear, if one parent makes full contribution after marriage, the court can decide that the house belongs to one of the investor's children; If one parent makes partial contribution or both parents make contribution, the source and proportion of contribution shall be used as the basis, combined with common life, pregnant children, divorce fault,...
The distinction between joint debt and personal debt in Ningbo.
If one party borrows money from abroad, should the other party pay it back together when divorcing? This is the most "thunder-stepping" problem in marriage and family disputes-some people think that "you don't have to pay it back if you don't sign it", and some people think that "it has nothing to do with me if you divorce", both of which may fall through. One sentence conclusion: the determination of the joint debt of husband and wife depends on two elements-whether it is based on the common meaning, whether it is used for the daily needs of the family or the common production and operation of living together; Article 1064 of the Civil Code establishes "...
How to divide the cash value of Ningbo divorce policy.
The division of the cash value of the policy in the event of divorce is a difficult point in marital property disputes. Who pays the premium, how the policyholder and the insured set it up, and whether the policy involves the interests of minor children, these factors together determine how the policy is handled in the event of divorce. This paper combines the judicial interpretation of insurance law and marriage and family compilation, combs the judgment rules and practical operation path of policy division in Ningbo area. 1. first clarify the five key concepts premium is the policyholder to obtain insurance protection in accordance with the contract to pay the fee. Insurance is insurance...
Ningbo Inherited Debt Settlement and Legacy Manager
When inheriting the estate, if the decedent is found to be in debt, should the heir repay it in full? Can you get away with it if you give up the inheritance? What is the estate administrator system? These three issues are directly related to the immediate interests of the heirs, and if they are not handled properly, the family will be discord, and if the heirs will be pursued by the creditors or dispose of the estate without authorization, they will be liable for compensation. One sentence conclusion: China implements the principle of limited inheritance, the heir to the actual value of his income to pay off the heir's taxes and debts, more than the actual price of the estate...
Ningbo alimony arrears for many years how to recover
After the divorce, the ex-husband or ex-wife defaulted on alimony, and many dependents thought that the delay would be too long to recover. In fact, the right to claim maintenance is not subject to the statute of limitations and can be pursued regardless of how long the arrears are. Based on the provisions of the Civil Code and the judicial practice in Ningbo, this paper combs the legal basis, operational steps and common misunderstandings of the recovery of alimony. The right to claim 1. maintenance is not limited by the statute of limitations Article 196 of the Civil Code stipulates that the request for the payment of maintenance, alimony or maintenance...
How to write the statement of parents' assistance in Ningbo custody struggle
When divorce is contested for custody, can a written statement that one party has parents willing to assist in raising grandchildren be the decisive factor? How should such a statement be written to have legal effect? This paper combines the judicial interpretation of the Marriage and Family Code of the Civil Code with the judicial practice in Ningbo to sort out the role, effective elements and key points of the parental assistance statement. 1. the legal nature of the declaration of parental assistance. Article 46 of the Judicial Interpretation of the Marriage and Family Code of the Civil Code stipulates that for minor children who have reached the age of two, both parents...
Ningbo cohabitation break up property how to divide
Living together for several years, co-financing the purchase of a house and a car, once they break up, how to divide the property? This is the most acute problem in the cohabitation relationship. Directly to the conclusion: cohabitation does not produce the identity of husband and wife, and the presumption rule of "one half of the common property of husband and wife" is not applicable to the division of property-in principle, their respective incomes shall be owned by them, and the property purchased by them shall be divided according to the proportion of capital contribution. Only when the proportion of capital contribution cannot be determined can it be presumed to be equal to the ownership of the property...
Zhiheng News | Zhiheng Criminal Center Director Team June Work Regular Meeting Held
On June 29, 2026, Zhiheng Criminal Center held a monthly meeting of online directors in June. The meeting focused on the construction of the center, business promotion and brand development, comprehensively reviewed the phased work, coordinated the deployment of key tasks, and clarified the path and united forces for the high-quality development of the center. At the meeting, the heads of each sector comprehensively reported the progress of the recent work, focusing on system improvement, team building, and
Zhiheng News | The most tragic, chaotic, disjointed and poorest group of cases in corporate litigation | The tenth lecture of lawyer Yu Yongbo's "18 Lectures on Company Law" is brilliantly presented
On the morning of June 27, 2026, the 10th lecture of Lawyer Yu Yongbo's 2026 series of courses "18 Lectures on Company Law - Selection of Company Litigation Cases and Trial Attack and Defense" ended successfully. At the beginning of the course, Lawyer Yu reviewed six three types of pro-handling cases shared in the half-year lecture: one is to master legal principles, be good at using positive and negative two-way litigation thinking
Zhiheng Sharing | From Productization to Organization: Luo Yingchao's Zhiheng Dream - Providing a Reference Sample for the Chinese Lawyer Industry
This article is compiled from the live broadcast content of "Zhiheng Director Face to Face Phase 2: Cena Dialogue with Luo Yingchao". In April 2026, Luo Yingchao officially joined Zhiheng Law Firm as the national executive director. In the past two months, the 50-year-old manager has traveled all over the country. Zhiheng branches, many people are curious: a "veteran" who has been deeply involved in the field of law firm management for more than 20 years
Design of Ningbo Family Enterprise Equity Inheritance Scheme
Family business equity inheritance should be planned in advance through wills, articles of association, equity structure adjustment, family trust and other tools, the core goal is to maintain stable control, clear inheritance path, reduce future generations of disputes. A Ningbo company runs a manufacturing company and is getting older. He wants to pass on the equity to his children, but the relationship between the children is general. He is worried that once he dies, the children will go to court due to the division of equity, and he is also worried that the company will lose control after the equity is dispersed. Conclusion first: family business equity inheritance...
Ningbo divorce equity division does not affect the company's operations
When an enterprise shareholder divorces, the spouse's request to split the shareholding may lead to the dispersion of the company's control, the tightening of bank credit review, the loss of trust of other shareholders, and even affect upstream and downstream cooperation. How to protect the spouse's property rights and interests without affecting the company's operations? Conclusion First of all: Yes, but the path is exquisite-preferential choice of discount compensation, so that the equity structure remains unchanged...
How to divide the divorce after Ningbo real estate is named
In practice, there are three common modes of 1. property gift and name addition. The first is that one party buys a house in full before marriage and agrees to add a name or transfer the ownership to the other party after marriage. The second is a pre-marital loan to buy a house, after marriage agreed to change the property to common or all to the other party. The third is that during the marriage, one party buys a house with personal property and agrees to register it in the name of the other party or in the name of both parties. The common feature of the three models is that the property originally belonged to one individual...
Ningbo common debt determination and proof rules.
The identification of the joint debt of husband and wife is one of the core disputes in marriage and family disputes. Since Article 1064 of the Civil Code established the principle of "co-debt co-signing", whether the debt owed by one party belongs to the joint debt of the husband and wife needs to be judged from the three dimensions of common meaning, the needs of the family's daily life and the joint production and operation. This paper combines the latest judgment guidance of the national court in 2025, systematically combs the determination standard of the joint debt of husband and wife, the allocation of the burden of proof and the practical response strategy...
How to Choose a Lawyer for Divorce in Ningbo
Choosing a reliable divorce lawyer is directly related to the degree of protection of core rights and interests such as property division and custody struggle. This paper systematically combs the methodology of selecting marriage and family lawyers from the five dimensions of professional field matching, practical experience evaluation, communication efficiency, fee transparency and practice norms, and combines the actual situation of the legal service market in Ningbo to provide operational selection guidelines for parties who need divorce legal services. 1. why divorce cases need a professional lawyer...
Interpretation of the trend of Ningbo's common debt referee
Core Abstract Since the implementation of the Interpretation of the Supreme People's Court on the Application of Laws in Cases Involving Spousal Debt Disputes in 2018, the concept of joint debt adjudication between husband and wife has undergone a fundamental change from "presumed co-debt" to "co-signing. Article 1064 of the Civil Code further consolidates this trend. The revised judgment guidance of the National Court in 2025 shows that the court pays more attention to substantive review in the determination of joint debt, and the burden of proof of creditors continues to increase, not...
Does Ningbo inherit real estate count as common property?
1. lawyer's actual experience is also the inherited house, the result may be completely different, the key depends on three things: legal inheritance or testamentary inheritance, will not specify only one party, inheritance occurred before or after marriage. Legal inheritance, acquired after marriage, and the will is not specified, in principle, the common property. So the first step in dealing with this kind of case is to find the will and inheritance related materials, not...
How to repay the loan after buying a house before marriage in Ningbo
1. Legal Basis and Basic Rules Article 78 of the Interpretation (I) of the Supreme People's Court on the Application of the Marriage and Family Code of the the People's Republic of China Civil Code stipulates that: one spouse signs a real estate sales contract before marriage, pays the down payment with personal property and makes a bank loan, and uses the joint property of the husband and wife to repay the loan after marriage. If the real estate is registered in the name of the down payment payer, the real estate shall be dealt with by agreement at the time of the divorce. If the agreement fails, the people's court may decide that the real estate belongs to the registered party and has not yet belonged...
What are the conditions for the return of Ningbo bride price? These 4 situations must be refunded.
Mr. Chen from Zhenhai, Ningbo, gave the woman a bride price of 280000 yuan. He had a wedding but did not get a license. After living together for half a year, his relationship broke up and he broke up. The woman said that the bride price was a gift and did not need to be refunded. This kind of problem is endless in the scene of marriage contract dissolution and flash. Directly to the conclusion: whether the bride price can be refunded and how much, the current rules are explained by Article 5 of the Marriage and Family Section of the Civil Code and the provisions of the Supreme people's Court on several issues concerning the Application of Law in the trial of disputes involving bride price, which came into effect on February 1, 2024.
How can Ningbo apply for a personal safety protection order in case of domestic violence?
The husband started his work after drinking many times, and the last time he even scared the child to tears. What should I do if I encounter domestic violence? Ningbo Marriage and Family Lawyers, in conjunction with the provisions of the Anti-Domestic Violence Law, explain in detail the application conditions, evidence preparation and handling procedures for personal safety protection orders. 1. what is a personal safety protection order is a ruling made by the people's court that prohibits the respondent from committing domestic violence, harassment, stalking, and contact with the applicant and his related close relatives. It's not a mandatory procedure for divorce...
A Complete Process Guide for Post-Divorce Hukou Migration and Property Transfer in Ningbo
After more than half a year of divorce, the ex-husband has not cooperated in moving the child's account to the woman's name, and the real estate cannot be paid off because the loan has not been repaid-this is the most common "two delays" after divorce ". First of all, the conclusion is that the residence transfer court usually does not care, but the key lies in the public security residence and the agreement. The transfer of real estate should distinguish between divorce by agreement and divorce by litigation. If the loan is not clear, the transfer can be carried out with the transfer of ownership or the transfer of ownership can be settled first. The tax burden of divorce division of real estate transfer is much lower than that of ordinary second-hand housing transactions, and most projects are exempted. This…
To whom do child custody rights belong when a child in Ningbo turns eight years old? How does the court solicit the child’s opinion?
The child had just turned 9 at the time of the divorce and both parties wanted custody. The man's economic conditions are better, and the woman spends more time with her children. How does the court listen to the opinions of children? Ningbo marriage and family lawyers combine the provisions of the Civil Code to analyze the rules of judgment on the ownership of custody of children over the age of 8. 1. the age of 8 is the clear dividing line of the law. The third paragraph of Article 1084 of the Civil Code stipulates that after divorce, children under the age of two shall be directly raised by the mother. Children who have reached the age of two, both parents...
After the cooling-off period in Ningbo, the other party will not go to the Civil Affairs Bureau? The path and key points of divorce proceedings.
After a 30-day cooling-off period, the other party suddenly went back on its word and refused to go to the Civil Affairs Bureau to get a divorce certificate. Agreed divorce has failed, what should I do next? Ningbo marriage and family lawyers explain in detail the path, conditions and practical points of divorce proceedings. The scope of application of the 1. divorce cooling-off period first needs to be clear: the divorce cooling-off period only applies to agreed divorce, not to litigation divorce. According to Article 1077 of the Civil Code, within 30 days from the date of receipt of the application for divorce registration by the marriage registration authority, neither party shall...
Ningbo transnational marriage divorce how to handle? Jurisdiction and property division problem
He and his foreign husband registered for marriage in China. Both parties have their own real estate in Ningbo and the man's country of nationality. Now the man has returned to settle down after his relationship broke down. How to deal with cross-border marriage divorce? Ningbo marriage and family lawyers from the jurisdiction, property division, judgment recognized three dimensions, analysis of cross-border divorce difficulties and countermeasures. 1. Jurisdiction Court: Articles 22 and 23 of the Civil Procedure Law usually give priority to the plaintiff's domicile. Divorce proceedings are generally under the jurisdiction of the people's court of the defendant's domicile or habitual residence. Be...
What are the legal distinctions between adultery, cohabitation, and bigamy in Ningbo?
It was found that the spouse had maintained a long-term relationship with the opposite sex outside marriage, even lived together in a rented house, sued for divorce and demanded damages, but the other party argued that he was "just an ordinary friend". What is the difference between the legal determination of infidelity, cohabitation and bigamy? Conclusion First, the legal consequences of the three increase from light to heavy-general infidelity does not constitute a legal cause of divorce, usually difficult to obtain damages; continuous and stable cohabitation with the opposite sex outside marriage constitutes a legal cause of divorce and can claim damages; bigamy is not only the most serious civil consequences, but also may violate...
The Conflict and Priority Rules of Testamentary Inheritance and Legal Inheritance in Ningbo
The old man made a self-written will before his life and left a house to his younger son. The other children considered the will invalid and demanded that it be divided equally according to the legal inheritance. Will inheritance and legal inheritance who has priority? Conclusion first: as long as the will is legal and valid, will inheritance takes precedence over legal inheritance-the complete validity sequence is "bequest maintenance agreement> testamentary inheritance or bequest> legal inheritance"; but the will can only dispose of the personal legal property of the testator, invalid or undisposed part, still according to the legal inheritance. 1. effectiveness...