Insights
Insights
Ningbo divorce agreement on the outstanding loan of the house how to agree.
At the time of divorce, the house and the mortgage have not been paid off, which is the most common transfer obstacle. The agreement says "the house belongs to me", but the bank does not release it and the transfer of ownership cannot be done. Who is the house legally? One sentence conclusion: The agreement on the ownership of the house in the divorce agreement is valid between husband and wife, but the real property right is subject to registration-before the transfer, the external house is still registered in the name of both parties or the original registered party...
Before marriage in Ningbo, the man's parents paid for the purchase of a house and registered the divorce under the woman's name.
Before marriage, the man's parents paid for the purchase of the wedding house, but the property rights were registered in the woman's name-if the marriage went to divorce, the ownership of the property often became the most acute dispute: the man's parents claimed that the house was actually for the son, while the woman insisted that the registration in her own name was her own or at least common property. Conclusion first: the parents of one party before marriage to buy a house and registered in the name of the other party, generally regarded as a gift or conditional gift to both parties...
What should be done first to investigate the other party's property when divorcing in Ningbo
Ms. Liu is going to divorce, but she doesn't know how much property her husband has. She wants to make her own preparations before applying for court investigation. In reality, many parties to the "check property" completely entrusted to the court, to the hearing only to find that the other party's account has been transferred, property clues all have no. The conclusion first said: when divorce investigation of the other party's property, the correct order is "self-collection of clues in the front, public power investigation in the back"-first inventory of visible property documents and traces of life in the home, the formation of a list of property clues, and then through...
Ningbo divorce agreement how to agree on stock split.
Deposits are easy to divide; stocks are hard to divide. The divorce agreement says "shares belong to one party", which seems to be a sentence, but behind it lies four thresholds: account ownership, quantity timing, sales restriction and tax. The conclusion first said: during the marriage relationship, stocks, funds and other securities assets purchased with the joint property of the husband and wife or acquired after marriage generally belong to the joint property of the husband and wife stipulated in Article 1062 of the Civil Code and should be divided at the time of divorce. However, the agreement must fall into "which account, how many shares, what base date, how to transfer ownership, taxes...
How to divide the divorce between the parents of both parties before marriage in Ningbo
Before marriage, the parents of both men and women each contributed part of the purchase of the marriage house, and the property rights were registered in the names of the children of both parties. In the event of divorce, both parents want to protect their own interests in accordance with their respective proportions of capital contribution-parents' ideas are understandable, but the legal rules are not as simple as "return in proportion to capital contribution. The conclusion first said: before marriage, both parents jointly funded the purchase of a house, property rights registered in the name of both children, generally recognized as the joint property of the husband and wife, according to the rules of common property division...
How is marital relocation compensation allocated after a divorce in Ningbo?
During the marriage of Mr. Zhang and Ms. Li, Mr. Zhang's premarital house was demolished and received a demolition compensation. After the divorce, Ms. Li advocated her own share of the compensation and asked for a split. Such disputes are not uncommon in the context of Ningbo's old city reconstruction and relocation. The conclusion is that the compensation for the demolition of personal houses before marriage belongs to personal property in principle. However, the compensation is often not monolithic-if it includes resettlement compensation and temporary resettlement subsidy calculated according to the family population...
How to Operate WeChat Forensics for Spouse Derailment in Ningbo
Ms. Zhang found that her husband and a third party had a large number of ambiguous chat records on WeChat. She wanted to use them as evidence of divorce, but she was not sure how to fix them to be effective-just a screenshot or a screen recording? Do you want a notary? Will it be excluded because the evidence collection method is illegal? Conclusion First: WeChat chat records belong to electronic data evidence. The original carrier, complete and continuous screenshots or screens should be kept. If necessary, evidence preservation should be notarized and evidence chain should be formed with other evidence. No account number shall be stolen in the process of obtaining evidence...
Ningbo Divorce Dispute Articles Classification Summary Navigation Post
1. Law and Judicial Interpretation the People's Republic of China Civil Code: Marriage and Family Section Supreme People's Court: Interpretation (I) on the Application of the Marriage and Family Section of the Civil Code Supreme People's Court: Several Specific Opinions on the Handling of Child Support by the People's Courts in Divorce Cases Provisions on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Bethal Gift (I) 2. Judicial Norms Documents and Views of the Civil Division of the Supreme Court: the debt owed by the debtor before marriage is the most standard of proof for the family to live together after marriage...
"Zhiheng Cup" The 4th Shenzhen Alumni Fun Games of "Five Faculty and Four Department" of Chinese Law Successfully Concluded
"Zhiheng Cup" The 4th China Law "Five Colleges and Four Faculties" Shenzhen Alumni Fun Games Group Photo On the afternoon of March 16, 2024, hosted by the Shenzhen Alumni Association of East China University of Political Science and Law and the Shenzhen Alumni Association of Peking University Law School, shenzhen Alumni Association of Jilin University Law School, Shenzhen Alumni Association of Wuhan University Law School, Shenzhen Alumni Association of Northwest University of political Science and Law, Shenzhen Alumni Association of Southwest University of political Science and Law, Shenzhen Alumni Association of Central South University of Economics and Law, Shenzhen Alumni Association of Renmin University of China Law School, Shenzhen Alumni Association of China University of political Science and Law (in no particular order), the fourth "Zhiheng Cup" Shenzhen Alumni Fun Games of "five Colleges and four departments" of Chinese Law, named and sponsored by Zhiheng Law firm, was solemnly held in the Stadium of Shenzhen Graduate School of Peking University. Jiang Xiaowen, Secretary of the Party Committee and Director of the Shenzhen Municipal Bureau of Justice, Dong Shi, former Director of the Shenzhen Office of the Ministry of Justice, and founder of the Shenzhen Alumni Association of the Fifth Academy and the Fourth Department, Shenzhen Lawyers Association
The keynote lecture on "Legal Investment - Case Sharing of Deterministic Bad Rights" was successfully held
On the afternoon of March 15, 2024, a lecture on the theme of "Legal Investment - Case Sharing of Deterministic Bad Rights" hosted by Zhiheng Law Firm was successfully held in the Zhiheng Conference Room. This lecture was delivered by Guo Xiangfeng, a senior partner of Zhiheng. Guo Xiangfeng, a senior partner of Zhiheng, combined his experience in practicing for many years and his experience and strategies in handling cases to explain how to expand thinking on the basis of traditional legal services, explore diverse agency models, and how to upgrade legal services to legal investment. Lawyer Guo Xiangfeng expounded on the experience of handling non-performing asset business, non-performing asset business is closely related to traditional legal services, non-performing asset-related enforcement and insurance business is also a blue ocean field, worthy of in-depth study and exploration, sharing cases of deterministic bad interests in the direction of final execution and insurance refusal, and concluded that the key to legal investment is to find certainty in uncertainty
Zhiheng Law Firm's 2024 Quarter 1 Business Center Directors' Meeting Was Successfully Held
On the morning of March 15, 2024, the directors' meeting of the 2024 Quarter 1 Business Center of Zhiheng Law Firm (hereinafter referred to as "Zhiheng") was successfully held in the large conference room of Zhiheng Headquarters. Zhang Shanhua, Director of Zhiheng Management Committee and Director of Real Estate and Construction Engineering Research Center, Liu Hong, Deputy Director of Zhiheng Management Committee and Director of Company Legal Affairs Center, Li Weixiang, Director of Zhiheng Supervisory Board and Director of Intellectual Property Center, Director of Zhiheng Longgang Management Committee, FullLi Junqiang, Director of the National Environmental Protection Legal Service Research Center, Chai Yongxia, Deputy Director of the Zhiheng Management Committee and Executive Director of the Headquarters, Li Huahong, Member of the Zhiheng Management Committee and Executive Director of the Real Estate and Construction Engineering Research Center, Liu Yanhua, Director of the Zhiheng Marriage and Family Affairs and Wealth Inheritance Legal Affairs Center, Wang Zhenghua, Director of the Zhiheng Criminal and Civil Cross Legal Affairs Center, Hua Junli, Director of the Zhiheng Foreign-related Legal Affairs Center (in preparation), Deputy Director of the Zhiheng Criminal Center, Commercial Crime Defense
The theme lecture on "Cracking and Sharing of Difficult and Complex Major Civil and Commercial Cases - Believing in Professional Power" was successfully held
On the afternoon of March 14, 2024, the keynote lecture "Cracking and Sharing of Difficult and Complex Major Civil and Commercial Cases - Believing in Professional Power" sponsored by the Corporate Legal Affairs Center of Zhiheng Law Firm was successfully held in the large conference room of Zhiheng Headquarters. The lecture specially invited Director of Zhiheng Guangzhou Management Committee and Civil and Commercial Law Doctor of Wuhan University, An Jianshu, as the keynote speaker. Liu Hong, Deputy Director of Zhiheng Management Committee and Director of the Corporate Legal Affairs Center, and Lin Huiyan, Executive Director of Zhiheng Guangzhou, attended the lecture. Zhou Yanjun, Secretary General of Zhiheng Corporate Legal Affairs Center, presided over the lecture. Liu Hong, deputy director of Zhiheng Management Committee and director of the company's legal affairs center, delivered a speech on stage. It was a great honor to invite Dr. An Jianxu to the headquarters to bring wonderful sharing. Dr. An Jianxu's "heart is good, dreams are pure, industry is professional, and wind and rain are smooth" career self-sustaining, which coincides with Zhiheng's value concept of "knowledge and action are one, constant and far-reaching"
Zhiheng (Hong Kong) Law Firm moved to a new location
On the morning of March 12, 2024, the housewarming ceremony of Zhiheng Law Firm's Hong Kong office was successfully held at the new office on the 9th floor of No. 80 Gloucester Road, Hong Kong Island, Hong Kong. Zhiheng Hong Kong Executive Director Gu Xiaoqing (in preparation), Zhiheng Hong Kong Executive Director Luo Baiyun (in preparation), Zhiheng Hong Kong Head of Administration Lawyer Zhou Xiaojie and other personnel attended the housewarming ceremony to witness this moment. Group photo of Zhiheng Hong Kong Office Environment Zhiheng Hong Kong sincerely thanks all colleagues and friends for their strong support and trust. Zhiheng will continue to move forward on the road of branding, abide by the value concept of "integration of knowledge and action, constant and far-reaching", adhering to the strategic positioning of rooted in the Bay Area, deep cultivation in the country, and global layout, and is committed to building a world-leading international legal service platform. Continue to provide global high-quality legal services to clients. Zhiheng Hong Kong New Location and Contact Information
What materials are needed for Ningbo foreign-related marriage and divorce agreement
When a foreign-related marriage comes to the stage of divorce by agreement, the most headache for the parties is often not "whether they want to leave", but "the materials are not complete, where to go and how long it will take". Conclusion first: in Ningbo, the divorce registration of foreigners, Hong Kong, Macao and Taiwan residents and overseas Chinese is handled centrally by the marriage registration office of Ningbo Civil Affairs Bureau, and the acceptance place is in the foreign marriage registration area on the 3rd floor of Ningbo administrative service center. Both parties must be present in person, including their identity documents, marriage certificates, divorce agreements signed together, etc...
How Ningbo People Choose the Way of Divorce Abroad
Ms. Chen has lived abroad for a long time and has broken up with her husband. She wants to know whether it is better to sue for divorce at home or to handle divorce abroad. What is the impact of different ways on property division and child support. Direct to the conclusion: there are only two types of paths for people to divorce abroad-divorce by agreement must be handled by both parties jointly returning home and going to the marriage registration authority of one party's domicile or place of habitual residence. Divorce in litigation can be brought to the people's court with jurisdiction in China. If it is inconvenient for me to return home, I can entrust a domestic lawyer to represent me...
What if Ningbo's application for recognition of a foreign divorce judgment was rejected?
Mr. Li sued for divorce in a foreign court and was sentenced. After returning to China, he applied to the Chinese court for recognition of the divorce judgment, but the court rejected it on the grounds that he did not meet the conditions. He wished to know the reasons for the dismissal and the remedies available. First of all, the conclusion is that the divorce judgment of a foreign court does not take effect automatically in our country and must be recognized by the intermediate people's court with jurisdiction. After being rejected, there are three ways-to apply for reconsideration of the ruling of non-recognition according to law, to apply again after the correction of the materials, and to directly apply to the domestic law with jurisdiction...
How Ningbo Overseas Chinese or Foreigners Inherit Domestic Heritage
Mr. Zhang, a Chinese-American, learned that his uncle in China had passed away and left behind a property and some deposits. He wanted to know how to handle the domestic inheritance procedures as an overseas Chinese or foreigner. One sentence conclusion: when overseas Chinese or foreigners inherit domestic heritage, they should apply the provisions of the inheritance code of the the People's Republic of China Civil Code, first determine the right of inheritance, then handle the inheritance notarization or bring a lawsuit to the court, and finally handle the transfer of real estate and deposits with legal documents. From November 7, 2023, the cancellation of foreign official document certification shall be...
How Ningbo People Handle Divorce Procedures in Foreign Countries
Ms. Wang for work reasons long-term living in Japan, her husband in the country, both agreed to divorce. Ms. Wang would like to know if she can handle the divorce procedures without returning to China. The conclusion first says: when a person handles a divorce in a foreign country, there are two paths: divorce by agreement and divorce by litigation-divorce by agreement must be handled by both parties jointly back home and in person at the marriage registration authority, and cannot be entrusted to handle it. Divorce through litigation can be carried out in a domestic court. I usually do not need to return home. I can entrust a domestic agent to act as my agent. The key procedures can be passed...
Can Ningbo Foreign-related Marriage, Marriage and Divorce be Registered at the Civil Affairs Bureau?
Mr. Zhang, who works in Ningbo, and his girlfriend from Southeast Asia are going to get married. The first question is: Can foreign-related marriages be registered in the domestic civil affairs bureau? If they divorce in the future, can they be divorced in the civil affairs bureau? The conclusion first says: yes. If a Chinese citizen and a foreigner get married or divorce by agreement in mainland China, those who meet the requirements can go to the legal marriage registration authority; the newly revised Marriage Registration Regulations (State Council Order No. 804) that came into effect on May 10, 2025 Further clarifies...
Which court has jurisdiction over Ningbo foreign-related divorce cases
Ms. Liu, a Chinese citizen, and her foreign husband have lived in Ningbo for a long time. Both parties want to divorce. Ms. Liu is most concerned about: which court should she sue? Can it be done in a Chinese court? Direct conclusion: Yes, the Chinese court has jurisdiction over divorce cases where one party is a Chinese citizen or both parties have their habitual residence in China; the jurisdiction court is determined according to the general principle of "the plaintiff is the defendant"-if the defendant lives in China, it shall be under the jurisdiction of the court of the defendant's domicile or habitual residence; the defendant is not in China...
Ningbo has a foreign court ruling whether to apply for recognition or sue for divorce.
Mr. Zhao has obtained a divorce judgment in a Canadian court and his ex-wife is still in the country. He faces a procedural fork in the road: should he apply to the domestic courts for recognition of the foreign judgment, or should he simply re-sue for divorce at home? Direct to the conclusion: the divorce judgment of a foreign court does not take effect automatically in our country, it must be recognized by the court of our country before the marriage relationship is dissolved in China...
What are the matters needing attention in Ningbo foreign divorce cases
Chinese and foreign mixed-race family divorce often involves different national laws, property distribution, child support arrangements and other complex issues, need to pay special attention to jurisdiction, legal application and procedural requirements. One sentence conclusion: Foreign-related divorce needs to grasp five things as a whole-the choice of court of jurisdiction, the application of the law of divorce and property, the notarization of identity materials and extra-territorial evidence, the convenience of the execution of domestic property and the international coordination of child support arrangements. One…
How to deal with the debts incurred during Ningbo cohabitation
Living together without a license, during which one party borrows money, will the other party pay it back? The cohabitation relationship is not subject to the adjustment of the marriage law, but there are many things in life that "spend together and borrow together", and the debt cannot be passed on to individuals, nor can it be regarded as a "joint debt of husband and wife". First of all, the conclusion is that the cohabiting parties have not registered their marriage, do not establish a husband-and-wife relationship, and do not directly apply the rules of the Civil Code on the joint debt of husband and wife...
Can Ningbo ask for a refund of living expenses after parting from cohabitation?
Xiao Wang and Xiao Li lived together for three years, during which they shared the rent, water and electricity and daily living expenses. After breaking up, Xiao Wang thought he was paying more and sued Xiao Li to return some of his living expenses. Can he get it back? The conclusion is: the cohabitation relationship is not protected by the marriage law, the daily expenses for the common living expenses during the cohabitation period belong to the common consumption, and generally cannot be returned after the break-up; but the property (real estate, vehicles, etc.) purchased in large amounts during the cohabitation period can be divided according to the general common relationship according to the proportion of capital contribution, clearly borrowed...
Can Ningbo claim compensation for abortion during love?
During the love of accidental pregnancy and termination of pregnancy (commonly known as "abortion"), the woman can claim compensation from the man? The direct answer is: in most cases, compensation cannot be obtained on the grounds of infringement-adult men and women have sex voluntarily, and the law does not prohibit it. The man's behavior is neither illegal nor fault. However, there are two types of exceptions: first, the man has obvious faults such as concealing his marriage and cheating feelings, and the woman can claim compensation for damages; Second, the woman suffered serious physical damage (such as disability) due to pregnancy and termination of pregnancy...
What property can be returned after Ningbo breaks up?
Xiao Zhang and his girlfriend during the love of many transfers, gifts, including brand-name bags, mobile phones, red envelopes and so on. After breaking up, Xiao Zhang wanted to recover all the money he spent, but he was not sure which one could get back and which one could only admit. First of all, the conclusion: during the love period, one party voluntarily gives the other daily small property (holiday red envelopes, small gifts, dinners), which is a general gift and cannot be returned after parting. However, large amounts of property (bride price, wedding room contribution, three gold jewelry, etc.) given for the purpose of marriage are clearly defined...
What if the other party does not pay alimony during Ningbo separation?
Xiao Zhang and her husband are separated due to emotional discord, and the children live with Xiao Zhang. During the separation, the husband refused to pay child support, and Xiao Zhang had to bear the child's expenses alone. First, give a conclusion: during the period of separation between husband and wife, the parents' obligation to raise their children is not exempted. if one party fails to fulfill the obligation to raise their children, the minor children (or adult children who cannot live independently) have the right to require them to pay the maintenance fee during the period of separation. If the negotiation fails, the child may be the plaintiff and the party who does not directly support the defendant may be the defendant, and the grass-roots person in the defendant's domicile...
Can Ningbo claim child support during separation?
After Xiao Li separated from his wife, the children were raised directly by Xiao Li. The wife has a fixed income but refuses to pay child support during the separation. Xiao Li wants to know: haven't divorced, can you first sue to ask his wife to pay alimony during this period? The answer is yes. During the period of separation between husband and wife, the party who does not directly raise the children shall still have the obligation to raise them; the party who directly raises the children or the children themselves shall have the right to sue separately for the payment of alimony during the period of separation, without waiting for the initiation of divorce proceedings. The maintenance obligation is based on...
What circumstances can Ningbo increase child support fees
Ten years ago, when they divorced, they agreed on a monthly child support fee of 800 yuan. With children entering school, rising prices, and increasing medical expenses for extracurricular education, 800 yuan is far from enough. Can the party who directly raises the child want to increase the maintenance fee? The conclusion is: yes. Child support can be increased when necessary. The legal basis is Article 1085 of the the People's Republic of China Civil Code-the original agreement or judgment does not prevent the child from proposing to either parent more than the original amount when necessary...
How to Calculate Child Support in Ningbo
When Ms. Zhang divorced, she had a dispute with her husband over the amount of child support: the husband's monthly income was 20000 yuan, and Ms. Zhang believed that it should be paid according to a fixed proportion of the other party's income, while the husband believed that it should be determined according to the actual needs of the child and local standards. This difference is the standard in almost every divorce case involving children. Conclusion First: Child support is determined according to the actual needs of the children, the affordability of both parents and the actual living standard of the place...
Does Ningbo not have the right to visit without paying alimony?
After the divorce, the ex-husband did not pay child support for a long time, and Ms. Wang refused to visit the child in a fit of anger; the ex-husband believed that the right to visit was a legal right and could not be deprived on the grounds of failure to pay child support. Direct to the conclusion: the right of visitation is the legal right of the party who has not directly raised the child, and the other party may not refuse to visit on the grounds that the other party has not paid the maintenance fee. Use "no child"...
Does Ningbo alimony include children's study expenses
Mr. Wang pays the maintenance fee on a monthly basis, but the cost of the children's extracurricular tutoring classes and interest classes is getting higher and higher. His ex-wife thinks that the maintenance fee should include these learning expenses, while Mr. Wang thinks that the maintenance fee is only for basic living. Direct to the conclusion: alimony includes children's living expenses, education expenses, medical expenses and other necessary expenses, but the "education expenses" are generally limited to basic education expenses-tuition fees, book fees and other necessary expenses...
What evidence does Ningbo need to prepare for child custody
Mr. Zhang and his wife are in a relationship and are preparing for divorce. Both parties want to fight for the custody of the 5-year-old child. Mr. Zhang wants to know what evidence should be prepared to prove that he is more suitable for raising the child. Direct conclusion: the custody dispute revolves around the principle of "most beneficial to minor children". Evidence preparation should cover five dimensions-self-rearing ability, emotional foundation with children and long-term care facts, living environment and educational conditions, rearing planning scheme, and unfavorable rearing situation existing in the other party. The direction of evidence is not "...
Advertising series (3): The Spring Festival movie is hot and fast, and the cinema advertising screening requirements, how much do you know?
Author | Intellectual Property Center, Elephant Migration Team (original Elephant Migration Team, welcome to share, please indicate the source when reprinting) Part 1, Introduction Watching movies is an important pastime in our daily life. Action, comedy, science fiction, horror, pure love, war, suspense, there is always one that makes your heart beat. This year, the box office battle for the Spring Festival movie is still in full swing. According to the data of the Lighthouse Professional Edition APP, as of February 2024 At noon on the 26th, the cumulative box office of "Hot Hot" 3.29 billion, "Flying Life 2" cumulative box office 3.063 billion, "Article 20" cumulative box office 2.068 billion, "Bear Haunting · Reversing Time and Space" cumulative box office 1.828 billion, the first four films of the Spring Festival have accumulated more than 10 billion. (Image source: Lighthouse Professional Edition APP screenshot) Benefiting from the booming film economy, advertising revenue has become the most important part of cinema revenue
"Female Power - The Bloom of Flowers" Zhiheng Romantic French Flower Arrangement Salon and Female Lawyers' Growth Experience Sharing Tea Party was successfully held
In the name of flowers, all women in the firm are invited to a romantic appointment. On the occasion of Women's Day on March 8, 2024, on the afternoon of March 8, 2024, a romantic French flower arrangement salon and a tea party sharing the growth experience of female lawyers with the theme of "Female Power - Blossom of Flowers", sponsored by the Women Lawyers Working Committee of Zhiheng Law Firm (hereinafter referred to as "Zhiheng Women Working Committee"), was successfully held in the large conference room of Zhiheng Headquarters. The event invited the executive director of Zhiheng HeadquartersRen, Chai Yongxia, deputy director of the management committee, Li Huahong, director of the Zhiheng Women's Working Committee and member of the management committee, Zhuang Aimei, member of the Zhiheng Women's Working Committee, Hu Qun, member of the Zhiheng Women's Working Committee, Liu Yanhua, director of the Zhiheng Marriage and Family Affairs and Wealth Inheritance Legal Affairs Center, and more than 20 outstanding female lawyers from Zhiheng participated. [Host's speech] Lawyer Hu Qunhuqun, member of the Zhiheng Women's Working Committee, as the host of the flower arrangement salon event, first introduced the work to everyone concisely
Zhiheng 3.8 Women's Day Public Welfare Legal Consultation Activity Was Successfully Held
The spring breeze has a letter, and the flowers are blooming. In this season when the breeze is getting warmer and the spring is blooming, the festival exclusive to women and sisters will be held as promised. It is a grand commemoration of the 114th "March 8th" International Working Women's Day. Zhiheng Law Firm specially held 3.8 Women's Day Public Welfare Legal Consultation Activities. Now, let's hug together and follow Zhiheng's footsteps to explore other wonderful things. In the name of law, protect the most beautiful you. On March 8th Women's Day, the spring breeze sends the law into the hearts of people. On the occasion of the blooming of spring flowers, in order to guide the majority of women to study, know, use and abide by the law, effectively improve their awareness and ability to safeguard their own rights and interests in accordance with the law, and promote family harmony and social stability. Zhiheng Law Firm, together with the Party Branch, Women's Labor Committee and Public Welfare Committee of Guangdong Zhiheng Law Firm, held a 3.8 Women's Day Public Welfare Legal Consultation Activity at Zhiheng Law Firm from March 7 to 8, 2024. Consultation site The Party Branch of Guangdong Zhiheng Law Firm announced
Zhiheng Law Firm was awarded the 2023 Annual Leap Development Law Firm in Futian District
On the afternoon of March 7, 2024, under the guidance of the Shenzhen Municipal Bureau of Justice, the Futian District Lawyer Industry High-Quality Development Conference sponsored by the Shenzhen Futian District Bureau of Justice and the Shenzhen Bar Association was grandly held at the Futian Cultural and Sports Center. Chai Yongxia, executive director of Zhiheng Headquarters and deputy director of the Management Committee, attended the conference on behalf of Zhiheng Law Firm. Liu Hong, deputy director of the Shenzhen Bar Association and deputy director of Zhiheng Management Committee, was invited to attend as a guest of honor. At this conferenceZhiheng Law Firm won the Futian District 2023 Leap Development Law Firm with its outstanding performance and development results. Zhiheng Law Firm won the Futian District 2023 Leap Development Law Firm Futian District 2023 Leap Development Law Firm Award Site (Right 4: Chai Yongxia, Executive Director of Zhiheng Headquarters and Deputy Director of the Management Committee) The award at the conference is a confirmation of Zhiheng's leap development, and it is also the Shenzhen Judicial Bureau and Shenzhen Bar Association
Common Questions in Ningbo Regarding Child Custody Rights
When many divorced parents fight for custody of their children, they are full of confusion about the court's judgment standards, evidence preparation, and the relationship between alimony and custody: who is the child awarded? Does mom have to bring more? Can you get custody if you have money? Direct conclusion: the only main line of custody decision is "the most beneficial to minor children"-the court applies the rules according to age stratification (under two years of age to the principle of direct support of the mother...
Is it possible for the man of a child under the age of two in Ningbo to win custody?
Xiao Zhang's child has just turned one year old, and his wife filed for divorce and claimed custody of the child. Xiao Zhang thinks that his financial conditions are better, and his wife is unable to take care of the children on a long-term business trip. He wants to know if he can get custody. Conclusion first: children under two years of age are in principle raised directly by the mother, but if the mother has a legal situation that is not suitable for raising, the father can fight for custody; the father needs to prove that raising by himself is more conducive to the healthy growth of the children, and "better economic conditions" itself is not enough to change the legal principle...
Whether the opinions of children over 8 years old in Ningbo can completely determine the ownership of custody
Can the opinion of a child who has reached the age of eight alone determine to whom custody should be awarded? To answer upfront: no. The law stipulates that “when a child has reached the age of eight, their true wishes shall be respected”—but respecting their wishes does not mean accepting them without question. The child's will is the most important reference in the court's decision, but in the end, the court must still make a comprehensive judgment in accordance with the principle of being most beneficial to minor children, combined with the parenting conditions, accompanying time, educational environment and other comprehensive judgments of both parents; in individual cases, although the child clearly expressed his desire to talk to a certain party...
Can the alimony agreed in the Ningbo divorce agreement be changed?
At the time of divorce, the agreement stipulates that the child will not pay alimony to the woman or the man. After a few years, the woman will be able to raise the child alone, and can she ask the man to pay for it? The conclusion starts with: yes. The agreement in the divorce agreement that "one party does not bear the maintenance fee" is valid for both parties, but it does not deprive the child of the right-when the economic situation of the party directly raising the child changes significantly, or the necessary expenses for the child's life, education, medical care, etc. increase significantly, it can still claim to pay or increase the maintenance fee to the other party in the name of the child. Can it rise, how much...
What evidence does Ningbo need to change the custody of children
When Xiao Li divorced, the child was awarded to his ex-wife, but the ex-wife neglected to take care of the child after remarrying and having children, and the child's grades declined and his mood was depressed. Xiao Li wanted to apply for a change of custody, but he didn't know where to start and what to prepare. The conclusion first said: to change the custody of a child, it must be proved that the direct custody of one party is not suitable for the continuation of the legal situation, or the child with the other party life is more conducive to its healthy growth...
What are the favorable conditions for Ningbo to fight for child custody
When Xiao Wang and his wife divorced, they wanted custody of their children. Xiao Wang wanted to know what favorable conditions the court usually considered in order to prepare for them. Direct conclusion: the favorable conditions for striving for the custody of children can be summarized into six categories-stable income and housing, objective facts of long-term care of children, good educational and living environment, deep emotional foundation with children, situations that are not conducive to the upbringing of the other party, and necessary procedural bonus points (conclusion of family investigation, true meaning of children over eight years old...
Does Ningbo have illegitimate children count as bigamy
Ms. Zhang found that her husband had given birth to a child with others outside marriage. She believed that her husband constituted bigamy and wanted to investigate his criminal responsibility. Is this judgment correct? The conclusion is: having an illegitimate child does not necessarily constitute bigamy. The criterion for determining bigamy is "whether to re-register marriage" or "whether to live with others in the name of husband and wife", not "whether to have children". The birth of children outside marriage can only prove the existence of extramarital sex and even continuous cohabitation, but to constitute the crime of bigamy, it must also prove that the two parties are together in the name of husband and wife...
Can Ningbo Call the Police to Catch the House Derailment
Ms. Li suspected that her husband had opened a room with a third party and wanted to call the police to "catch the traitor". She wanted to know whether it was useful to call the police and what would happen when the police arrived. The conclusion starts with the following: simple house opening derailment belongs to the moral and civil category and does not belong to the jurisdiction of the public security organ. calling the police to "catch rape" usually does not get a response-the public security organ deals with illegal and criminal acts: if the house opening involves prostitution and whoring, it is a public security violation and can be reported to the police. Involving bigamy crime, can report to the public security organs or to the people...
Ningbo husband has illegitimate children how to do
Ms. Wang was shocked and angry when she found out that her husband had an illegitimate child outside. What she was most concerned about was: what can I do? Conclusion first: if a spouse is found to have illegitimate children, he can safeguard his own rights and interests from the aspects of confirming the parent-child relationship, claiming compensation for divorce damages, investigating the responsibility of bigamy (if constituted), protecting and dividing the common property of husband and wife, and recovering the transferred property-but there is no "clean body and leaving the house" in law, illegitimate children also enjoy the same rights as legitimate children, and the spouse has the legal obligation to support for them...
Can Ningbo recording be used as evidence of derailment
Ms. Chen suspected that her husband was cheating and secretly recorded her husband's confession of an extramarital affair on her mobile phone during an argument. She wondered whether the recording could be used as evidence in divorce proceedings. This is a problem that almost every divorce case will encounter. Conclusion first: legally obtained recordings can be used as evidence of infidelity, and "stealing recordings" without the consent of the other party is not of course invalid. However, if the recording is made through serious infringement of the legitimate rights and interests of others, violation of legal prohibitions or serious violation of public order and good customs...
Ningbo Derailment Guarantee Template
After discovering that their spouse is cheating, many people will ask the other party to write a "letter of guarantee" or "letter of repentance": admit the fact of cheating, promise not to commit it again, and even promise to "go out of the house if you cheat again". Whether such documents are useful and how to write them is a high-frequency problem in divorce counseling. Direct to the conclusion: the guarantee has three functions, the effect is different-first, as a written admission, it is the most powerful evidence to prove the fact of derailment, directly affect the divorce damages and property division of the "care without fault...
Can the property given to Xiao San by Ningbo's spouse be returned?
Ms. Liu's experience is not uncommon: her husband transferred money to a third party many times during her marriage and paid for shopping on behalf of her, with a total of 100,000 yuan. After the incident, the third party wanted to leave the property with the words "he gave it voluntarily. The law has a clear answer to this: during the existence of the marriage relationship, one of the spouses gives the joint property of the husband and wife to a third party outside the marriage without the consent of the spouse, the gift is invalid because it violates public order and good customs, and the spouse has the right to demand the full return of the third party-neither "only half back" nor need to wait...
Can the cheating party get out of the house when Ningbo divorces?
Ms. Zhang found out that her husband was cheating and angrily wanted her husband to "clean up and leave the house". She wanted to know whether the law supports this requirement. Directly to the conclusion: China's law does not stipulate "clean one's body and leave one's home"-the court cannot judge one party to have no property at all because it derails. The relief given by the law to the non-fault party is three combinations: compensation for divorce damages (article 1091 of the civil code), care for the non-fault party during property division (article 1087), and economic compensation for divorce (article 108...