Ningbo Divorce Property Division Time Node 10 List

Divorce is not completed in a day, and the division of property runs through the whole process from the emergence of contradictions to the completion of execution. At each stage, there are key actions and key times: if the preservation is done late, the other party may transfer property; If the time limit for proof is missed, important evidence cannot be submitted; If you do not declare your position during the appeal period, the first-instance judgment will take effect. Only by making clear the time node can we avoid being beaten passively.

1. the golden period of property preservation before filing a case.

If the other party has been found to have transferred, hidden signs of property, before filing a case is the best time to apply for pre-litigation property preservation. The Civil Procedure Law stipulates that if an interested party does not immediately apply for preservation due to an emergency situation, which will cause irreparable damage to his or her legitimate rights and interests, he or she may apply to the place where the property to be preserved is located, the domicile of the respondent or the people's court that has jurisdiction over the case before filing a lawsuit for preservation measures. The applicant shall provide security and file a lawsuit within 30 days after the court adopts the protective measures, otherwise the preservation will be lifted.

The applicable scenario of pre-litigation preservation.

The other party is selling property, transferring large deposits, changing equity registration, frequent transfers to relatives, preparing to leave the country, etc., are suitable for pre-litigation preservation. Pre-litigation preservation can quickly freeze property and take the initiative for subsequent litigation. However, it is necessary to prove that the situation is urgent and provide corresponding guarantee.

Preparation for preservation of property clues

when applying for preservation, clear property clues, such as property address, bank account, vehicle information, equity subject, etc., need to be submitted to the court. The more specific the clue, the more efficient the court enforcement. If you cannot provide a specific account, you can first apply for inquiry and then preservation, but the courts vary from place to place.

The point of 2. separation is mixed with property.

The time of separation is an important reference for judging the nature of property and the scope of division. Property acquired by each after separation may be considered personal property if it can be proved that it is indeed independent and not mixed, but if the parties still use a common account, transfer money to each other and repay loans jointly, the property after separation may still be considered common property.

separation does not equal automatic division of production

our law does not provide for the automatic division of property after a certain period of separation. The separation is only a reference factor to judge whether the relationship is broken and whether the property is mixed. To clarify the ownership of property after separation, it is best to agree through a written agreement, or to retain evidence of their separate income and expenditure.

New debt during separation

A large amount of debt added by one party in the name of an individual during the period of separation, if not used for the common life of the family, is not, in principle, a joint debt of the husband and wife. However, it is necessary to prove that the fact of separation and the funds are not mixed, otherwise it is easy to be presumed to be a joint debt.

The time limit of proof and the exchange of evidence after 3. prosecution.

After the court accepts the divorce case, it will serve a notice of proof to both parties, specifying the time limit for proof. The period of proof in ordinary proceedings is generally not less than fifteen days, and in summary proceedings may be less than fifteen days. The parties shall submit the evidence within the time limit. If the evidence is submitted within the time limit, the court may not accept it or ask for reasons.

Timing of application for investigation order

an investigation order shall be applied for within the time limit for giving evidence or within the time limit specified by the court. The application shall state the unit under investigation, the matters to be investigated, the facts to be proved and the necessity of the investigation. Common survey objects include bank flow, real estate registration, securities accounts, company industrial and commercial files, social security provident fund, etc.

The role of evidence exchange

evidence exchange is a procedure in which both parties present evidence to each other and identify the focus of the dispute. Through the exchange of evidence, we can understand the other party's property clues and claims in advance, and adjust the litigation strategy in time. Evidence not presented in the exchange of evidence may face surprise cross-examination in the trial, increasing the risk of losing the case.

Property changes before and after the first instance judgment of 4.

After the first-instance judgment of a divorce case, before the judgment takes effect, the marriage relationship between the two parties has not been dissolved, and the property status is still subject to legal constraints. During this period, if one party disposes of large amounts of property without authorization or transfers assets in bad faith, the other party may claim invalidity of its actions in the second instance or execution, or request less or no division.

Preservation of property during the appeal period

if one party appeals, the first instance judgment shall not take effect for the time being. In order to prevent the other party from transferring property during the appeal, it may apply for continued preservation or supplementary preservation. New property clues discovered during the second instance may also be applied to the court for investigation or the other party shall be ordered to explain.

Restrictions on conduct before the judgment comes into force

after the judgment of the first instance is made, both parties shall maintain the status quo of the property and avoid disposing of property of greater value such as real estate, vehicles, and equity without authorization. If it is necessary to dispose of, the other party should be informed or reported to the court, otherwise it may be identified as a malicious transfer of property.

Connection between 5. appeal period and execution period

after the first-instance judgment of a divorce case is served, the parties have a fifteen-day appeal period. If no appeal is made within the appeal period, the judgment shall take effect. After the judgment comes into effect, if the other party fails to perform the obligation to divide the property, the other party may apply for enforcement within two years. When applying for execution, it is necessary to submit effective legal documents, application for execution, property clues and other materials.

Property disposal in the second instance

during the second instance, the parties may reach a new mediation agreement on the division of property. If the judgment of the second instance is changed, the judgment of the second instance shall prevail; if the original judgment of the second instance is upheld, the judgment of the first instance shall take effect from the date of service of the judgment of the second instance. New property disputes arising during the second instance are generally not dealt with directly in the second instance, and the parties may sue separately.

Key Actions in Execution

after the enforcement case is filed, it should actively cooperate with the enforcement court to provide property clues, including the other party's bank account, real estate, vehicles, equity, Alipay and WeChat change, etc. For real estate, vehicles and other real estate, you should apply for seizure and seizure in a timely manner; for bank deposits, you should apply for freezing and deduction. If the other party's hidden property is found in the process of execution, it may apply to the court to take measures such as fines and detention, or investigate the corresponding legal liability.

6. case proof

according to similar adjudication rules, one party transfers large deposits to relatives' accounts in batches during divorce proceedings, while the other party applies for property preservation at the same time when filing a lawsuit. The court freezes the relevant accounts after examination, and finally determines in the judgment that the transfer constitutes concealment of common property, giving less points to the transferor, with the proportion of less points common in the range of 10% to 30%. The preservation application plays a key role. In similar cases, the amount of division or compensation is usually in the range of $100000 to $3 million, depending on the size of the property and the circumstances of the evidence.

According to similar judgment rules, one party sold the common property without authorization during the appeal period after the first instance judgment, and the other party claimed that the disposition was invalid and demanded less points in the second instance. The court usually examined the disposition time, the whereabouts of the price and whether the other party had agreed. If it is found to be a malicious transfer, the party may be divided less or not at the time of division, and the sold house price is still included in the scope of divisible property. In similar cases, the amount of division or compensation is usually in the range of $100000 to $3 million, depending on the size of the property and the circumstances of the evidence.

7. Risk Alert

• failure to preserve in time before the lawsuit: after the other party transfers the property, the judgment is difficult to enforce.
• Ignoring the time limit of proof: the court may not accept the late submission of evidence.
• Mix of property after separation: the accounts are not independent and the property after separation is still recognized as common property.
• No continued preservation during the appeal period: the other party took the opportunity to dispose of the property, increasing the difficulty of enforcement.
• Exceeding the time limit for application for enforcement: if no application for enforcement is made within two years after the judgment takes effect, the right may be lost.

8. FAQ

can I apply for property preservation before divorce?

You can. In case of emergency, the court may apply for pre-litigation preservation before filing a lawsuit, and the court shall file a lawsuit within 30 days after taking the preservation, otherwise the preservation shall be lifted.

Is the money earned after separation still common property?

Not necessarily. Property acquired independently and unmixed after separation may be considered personal property; however, if a common account is still used and transfers are made to each other, it may still be considered common property. It is recommended that it be expressly agreed upon by written agreement.

Can I still appeal after the first instance judgment? How long?

There is a 15-day appeal period for divorce cases after the first-instance judgment is served. If no appeal is made during the appeal period, the judgment shall take effect; an appeal may be filed with a higher court during the appeal period.

What if the other party fails to perform after the judgment takes effect?

You can apply to the court for enforcement within two years after the judgment takes effect, submit the effective legal documents, application for enforcement and property clues, and the court will seal up, seize and freeze the other party's property in accordance with the law.

Practical Experience of 9. Lawyers

divorce is not completed in one day. Property division actually runs through the whole process from the emergence of contradiction to the completion of execution. There are key actions in each stage. The most common passivity often comes from negligence in time: the preservation was done late and the other party had already transferred the property; The time limit for proof was missed and important evidence could not be submitted. If you do not declare your position during the appeal period, the first-instance judgment will take effect. Clear up this timeline and know what to do at which node, so that you will not be led by the other party all the way, and you can hold the initiative in your own hands at the critical moment, instead of mending leaks everywhere.

According to the stage, if the other party has been found to have transferred or concealed property signs before filing the case, it is the most favorable time to apply for pre-litigation preservation, but it should be noted that the preservation generally requires the provision of security, and the court to take measures within the statutory time limit to file a lawsuit, otherwise the preservation will be lifted. After filing the case, the focus is on keeping an eye on the time limit for proof and the pace of evidence exchange, and handing in key materials on time. Before and after the judgment of the first instance, it is still necessary to pay attention to the change of property and, if necessary, additional preservation. At the stage of appeal and execution, it is necessary to properly handle the connection between the effective time of the judgment and the filing of the execution case, so as not to let the executable results be lost in the gap of the procedure.

It is a very cost-effective preparation to turn these nodes into a timetable of their own. The table clearly states when to preserve, when to deliver evidence, when to declare, and what actions must be completed at each node. What needs to be reminded is that preservation is a double-edged sword. The cost of guarantee and the risk of wrong preservation should be assessed in advance. Don't apply blindly for speed. The really effective way is to manage time as a resource: it is better to lay out one step in advance than to passively remedy the other's actions after discovering them.

Divorce division of property is a race against time. From the discovery of contradictions to the completion of execution, there are actions that cannot be missed at each stage: snatching preservation before filing a case, observing the deadline in litigation, and focusing on appeal and execution after judgment. It is suggested that the parties should sort out the property list and clues before filing a lawsuit, and apply for investigation order and preservation simultaneously when necessary. After separation, try to keep the property independent and avoid mixing; Before and after the judgment comes into effect, the other party should be prevented from disposing of the property by surprise. If you are not familiar with the program node, you can use a written list to specify the deadline for each stage, the materials to be submitted, and the actions to be taken to avoid damage to the entity's rights due to procedural errors.