Insights
Insights
How Ningbo Legally Collects Evidence of Derailment
Ms. Li suspects that her husband is cheating and wants to collect evidence for divorce, but she is worried that the illegal method of evidence collection will lead to invalid evidence-this concern is absolutely necessary. Conclusion First: Evidence of derailment should be collected through legal channels. Common effective evidence includes chat records, transfer records, photos and videos, witness testimony, room opening records, etc. The process of obtaining evidence shall not infringe upon the privacy and legitimate rights and interests of others, illegally invade houses, install eavesdropping and stealing photo equipment, and steal evidence obtained from account information, which may be due to serious violations of the law...
What are the types of evidence of derailment in Ningbo
When divorcing, they want to prove that the other party is cheating. Many people only have a few ambiguous chat screenshots or a candid video. I don't know if it is enough or if it can be used. The conclusion first says: infidelity evidence mainly includes legal evidence types such as electronic data, documentary evidence, audio-visual materials, witness testimony, etc. (Article 66 of the Civil Procedure Law). The evidence must be true, legal, relevant to the case, and form a complete evidence chain to effectively prove the infidelity fact; One kind of evidence alone is often not enough, and through invasion of privacy, invasion of him...
What is the impact of Ningbo derailment on the division of divorce property?
Ms. Zhao found her husband cheating, ready to sue for divorce. The question she is most concerned about is: can her husband's infidelity allow herself to divide more property when the property is divided? The conclusion should be divided into two layers: first, according to article 1087 of the the People's Republic of China civil code, the division of the common property of husband and wife during divorce should be handled "in accordance with the principle of taking care of the rights and interests of children, women and the innocent party". if one party's derailment constitutes a fault, the innocent party can request the court to give appropriate preference to the division; Second, the proportion of inclination...
What should I pay attention to in the guarantee written after Ningbo's derailment
Is it possible to sit back and relax if the other person's derailment is broken and write down the guarantee on the spot? To pour cold water on the ground: the property consequences promised in the guarantee are not necessarily protected by law, but the fact of derailment stated in the guarantee can be used as evidence, and the power of proof is far beyond the chat screenshots. According to Yinzhou Court's White Paper on the Trial of Marriage and Family Cases (2019-2021), WeChat and other electronic evidence has many defects in proof and is difficult to accept. The guarantee is a written document, once signed, a stable record of facts will be formed...
What is the legal effect of the letter of commitment written after Ningbo's derailment?
After discovering that their spouse is cheating, many people ask the other party to write a "letter of guarantee" and "letter of commitment", thinking that they can "let him go out of the house" with this piece of paper ". Is the letter of commitment legally valid? Conclusion First, the validity of the letter of commitment depends on the content-the part of the letter that confirms the fact of derailment is self-admission outside the proceedings and can be used as evidence in the event of divorce; the property compensation or division clause that does not involve the person and does not take divorce as an additional condition is generally legally valid and can be claimed to be fulfilled accordingly; but "then derailment...
Tax-related: The Tax Impact of the "Shareholder Contribution Period" of the New Company Law on Shareholders of Existing Companies
Author | Zhiheng (Haikou) Law Firm, Lawyer Deng Chuanlong, Lawyer Li Fang, Lawyer Liu Qiongwen On December 29, 2023, the seventh meeting of the Standing Committee of the 14th National People's Congress voted to pass the newly revised "Company Law of the People's Republic of China" (hereinafter referred to as the new "Company Law") and will come into effect on July 1, 2024. Compared with the previous provisions, the new "Company Law" has made adjustments in the company capital system, company organization, shareholder rights and responsibilities distribution, company establishment and exit mechanism, and at the same time clarified the relevant responsibilities of shareholders. This article will elaborate the tax impact of the new "Company Law" on shareholders of existing companies from the perspective of "period of shareholders' capital contribution". 1. Provisions on the period of shareholders' capital contribution in the new "Company Law" (1) Newly established company: The maximum period of capital contribution shall not exceed five years. Article 47 of the new "Company Law" stipulates: The registered capital of a limited liability company
"Welcome to the" March 8th "Special Lecture on Caring for Women's Legal Knowledge" was successfully held
On the afternoon of March 6, 2024, the "Special Lecture on Caring for Women's Legal Knowledge" hosted by Zhiheng Marriage Family and Wealth Inheritance Legal Affairs Center (hereinafter referred to as "Zhiheng Marriage Family and Wealth Inheritance Center") was successfully held in Zhiheng Conference Room. Liu Yanhua, director of the Marriage Family and Wealth Inheritance Center, Guo Chunyan, deputy director of the Marriage Family and Wealth Inheritance Department of the Marriage Family and Wealth Inheritance Center, and Lu Rui, secretary general of the Wealth Inheritance Department of the Marriage Family and Wealth Inheritance Center of the Marriage Family and Wealth Inheritance Center, gave keynote speeches. Li Huahong, director of the Zhiheng Women's Lawyers Working Committee, and Liu Juhua, deputy director of the Marriage and Family Affairs Department of the Marriage Family and Director Li Huahong, Director of Zhiheng Women's Working Committee, Director Li Huahong, Director of Zhiheng Women's Lawyers Working Committee, delivered a speech on stage. The law stipulates that women enjoy the same rights as men in the fields of politics, economy, culture, society, and family. However, in society, there are still many challenges and difficulties in the protection of women's rights and interests. Protecting women's rights and interests as a law
Can Ningbo request the return of bride price if they live together without a marriage certificate?
Xiao Wang and Xiao Li held a wedding in accordance with rural customs and lived together for two years, but they did not register their marriage. After breaking up due to emotional discord, Xiao Wang asked Xiao Li to return all the bride price. This is a typical dispute over the return of betrothal gifts after cohabitation without a license-it is not uncommon in Ningbo's urban-rural fringe areas and areas inhabited by migrant workers. Conclusion First: If the two parties have not gone through the marriage registration procedures but have lived together, the court will not support the full return of the bride price, but will consider the joint...
How much can I get back for the bride price when I divorce in Ningbo?
Mr. Zhang paid the woman a bride price of 200000 yuan before marriage. Less than a year after marriage, his relationship broke down and he would divorce. The most concerned question is: How much can he get back? Direct to the conclusion: if the marriage has been registered, the bride price will not be returned in principle; However, in the case of "flash departure" in which the living time together is very short after marriage and the amount of bride price is obviously too high, the court can order the return of part of the bride price-there is no fixed proportion of the return. The court combines the actual use of the bride price and dowry, the common life and gestation, the fault of both parties, and when...
How to divide the house that repays the loan with bride price in Ningbo when divorcing.
At the time of marriage, the man paid the woman a bride price of 300000 yuan, which was used to pay part of the loan of her personal property before marriage. At the time of divorce, the man claimed that the house should be common property or demanded the return of the bride price. The conclusion first said: with the bride price to repay one party's premarital personal real estate loan, the house is still the party's premarital personal property, not so become common property...
Are the parents of both parties in Ningbo a party to a property dispute over a marriage contract
After the man's parents pay the woman's bride price, the children of both parties break up without registering their marriage. The man's parents sued for the woman's return of the bride price, but the woman believed that both men and women should be the parties-parents were not qualified to be plaintiffs. This is one of the most common procedural disputes in marital property disputes. Conclusion first: in the marriage contract property dispute, the parents who actually pay the bride price can participate in the lawsuit as co-plaintiffs, and the parents who actually receive the bride price can participate in the lawsuit as co-defendants...
Does Ningbo bride price belong to the common property of husband and wife?
At the time of marriage, the man paid the woman a bride price of 150000 yuan. The woman deposited the bride price into her own account. Two years after marriage, the two parties divorced. The man claimed that the bride price belonged to the common property of the husband and wife and should be divided, while the woman believed that it belonged to her personal property. Direct to the conclusion: the bride price paid according to custom before marriage is usually recognized as a gift to the woman's personal property before marriage (or at the woman's personal disposal), and is generally not divided as the common property of the husband and wife at the time of divorce...
Whether the tort debt of Ningbo spouse belongs to the joint debt of husband and wife.
Mr. Wang was ordered by the court to compensate the victim for the damage caused by a traffic accident during his marriage. After the judgment came into effect, the victim sued Mr. Wang's wife together, demanding that she bear the responsibility for joint settlement of the compensation. Similar questions arise repeatedly in the context of divorce and debt intersection: the debt owed by one spouse's infringement, the other spouse should pay it back together? Conclusion First, the debt incurred by one spouse as a result of the infringement is, in principle, a personal debt, and the spouses are not jointly liable for liquidation; but if the infringement...
Leaders of the Lianhua Street Party Working Committee visited Zhiheng for a visit and exchange
On the morning of March 5, 2024, Wu Tiexiang, Deputy Secretary of the Party Working Committee of the Lianhua Street Office, Luo Laichao, Director of the Lianhua Street Judicial Institute, Guo Sichan, the fourth-level director of the Lianhua Street Judicial Institute, He Ruohua, Deputy Secretary of the Party Committee of Fuxin Community, and Yan Qi, a staff member of the Lianhua Street Judicial Institute, visited Zhiheng Law Firm in the Spring Festival and interacted with each other on the in-depth promotion of the "Million Project". Liu Hong, deputy head of the preparatory group of the Zhiheng Party General Branch and deputy director of the management committee, Li Huahong, member of the preparatory group of the Zhiheng Party General Branch and member of the branch publicity and discipline, Gong Anyi, member of the preparatory group of the Zhiheng Party General Branch and member of the branch organization, warmly received the visiting leaders. Liu Hong, deputy head of the preparatory group of the Zhiheng Party General Branch and deputy director of the Zhiheng Management Committee, first extended a warm welcome to the leaders of the Lianhua Street Office to visit Zhiheng and exchange, and briefly introduced the cultural concept, development process and future plan of Zhiheng Law Firm. Zhiheng Zuo
Do you have to bear the debts of your spouse's company when you divorce in Ningbo?
When Ms. Zhao divorced, she found that the company run by her husband owed a large amount of debt, and the creditors claimed that these debts were joint debts of husband and wife and asked Ms. Zhao to repay them together. This is the most worrying question for almost every "business owner's spouse" when divorcing: will the debt owed by the company become my debt? Conclusion First of all: whether the spouse's corporate debt is borne by the other spouse depends on whether the debt is used for the husband and wife to live together, to produce and operate together, or to express their mutual will; if the spouse is not involved in the business, not in the loan...
Can Ningbo request another debt division after divorce?
When Mr. Zhang and Ms. Li divorced, they did not deal with the debts during the marriage. After the divorce, the creditors sued to repay the loan together. Mr. Zhang wants to know: the marriage is divorced, but also can not this debt "re-accounting"? The conclusion is: divorce does not eliminate the joint debt of the husband and wife-divorce is not processed at the time of the joint debt of the husband and wife, after the divorce creditors still have the right to demand mutual repayment; one party to pay more than their share of the external payment, can recover from the other party; divorce...
Is it a joint debt of husband and wife if one party in Ningbo borrows money to repay the loan for his spouse?
Ms. Li's husband bought a house with a pre-marital loan. After marriage, Ms. Li borrowed 300000 yuan from a friend to repay the loan for the house. After the two divorced, the friend asked Ms. Li and his wife to repay the loan together. Directly to the conclusion: if one party borrows to repay the spouse's premarital personal real estate loan, whether the loan is a joint debt of the husband and wife depends on two points-whether the loan is used for the "daily needs of the family", and whether the property is shared by the husband and wife after marriage, jointly repays the loan and received from it...
Is it effective for Ningbo to dodge debt through fake divorce?
In order to avoid debts, a man agreed to divorce with his wife, "divided" all his property to his wife and left all his debts to himself. He turned around and found that the creditors were still chasing for money, and even sued to cancel the property division clause in the divorce agreement. Direct to the conclusion: in order to evade debt and "false divorce" and the transfer of property to the spouse free of charge, the creditor may request the court to revoke the property disposition or confirm its invalidity, "false divorce" is not false in law, but the purpose of debt evasion is bound to fail in law-divorce registration...
Whether the debit note signed by only one party in Ningbo is a joint debt of husband and wife.
During the marriage, Mr. Zhang borrowed 500000 yuan from a friend and issued an iou, but his wife did not sign it. After the loan expired, the friend sued Mr. and Mrs. Zhang together and demanded joint repayment. The wife was aggrieved: she didn't sign it and didn't know it, so why should she pay it back? The answer to this question depends on the actual use of the loan, rather than "whether there is a signature or not". The conclusion is that whether a debit note signed by only one party is a joint debt of the husband and wife depends on whether the loan is used for the husband and wife to live together, to produce and operate together, or...
Ningbo spouse loan for the company's operation which circumstances belong to the common debt.
The operation of a company needs capital turnover. The husband borrows 1 million yuan from others in his own name for the operation of the company. The wife is a shareholder of the company but is not involved in the operation. The creditor sued for joint repayment by both husband and wife, while the wife defended that "the loan was borrowed by the husband personally and did not know about it. This kind of "spouse borrowing into the company's operation" debt, whether the husband and wife joint debt, is Ningbo small and medium-sized private enterprises high controversy scene. The conclusion is given first: one of the spouses borrows money for the operation of the company, if...
Is it necessary to make a prenuptial property agreement in Ningbo?
Xiao Chen is going to get married. He has a house property and a deposit under his name. He is worried that his property will not be clear after marriage, and he is afraid that the prenuptial agreement will hurt his feelings. This is the common concern of many prospective newcomers. Direct conclusion: the prenuptial property agreement (legally called the marital property agreement) is not a statement of distrust to "prevent the other party", but a financial document that clearly states the property rules; Article 1065 of the Civil Code clarifies that both men and women can agree in writing on the ownership of pre-marital property and post-marital income, and the agreement has laws for both parties...
What can be agreed upon in Ningbo marital property agreement
After marriage, Xiao Wang and his wife want to sign a property agreement to clarify the ownership and management of the property of both parties, but it is not clear what can be agreed and what cannot be agreed. Direct conclusion: the marital property agreement between husband and wife can stipulate the ownership of pre-marital property and post-marital property (owned by each, jointly owned or partially owned by each), the management, use and disposal rules of property, debt commitment, housework compensation and economic assistance, etc. However, it cannot be agreed to restrict personal rights (freedom of divorce, personal...
Points for Attention in Drafting Marital Property Agreement in Ningbo
How to write the marital property agreement to be valid? Conclusion First of all, the Civil Code allows the husband and wife to agree that the marital and pre-marital property shall be owned by each, jointly or partially owned by each and partially jointly owned, and the agreement is legally binding on both parties (Article 1065). However, the agreement has six "red lines" that cannot be touched: no restrictions on the freedom of divorce, no "clean-out" loyalty clause, notarization or transfer of property gifts, debt agreements that cannot be opposed to bona fide creditors, no disposition of other people's property, no...
**** must-know legal little common sense - high reaction leads to death · Insurance companies cannot refuse compensation
I. Background Before I went to Xizang by car, I was just a cyclist who had a long-term dream of self-driving. I often couldn't help but watch others ride on National Highway 219 or 318. I don't know how long it has been. Before the holiday in October last year, the new motorcycle had just arrived. It really delayed the self-release time even with the license plate. I couldn't wait to start from Shenzhen and go straight to the starting point of the Sichuan-Tibet Line in Ya'an, Sichuan. After clocking in, it passed through Daocheng, Deqin, Nyingchi, Sada, and then to Mount Everest. The whole ride lasted 6,400 kilometers and lasted 25 days. Before leaving, there was no support from the whole family. After all the good words of persuasion, they sent all kinds of scary pictures and videos... Helplessly, I just finished watching "The Moon and Sixpence" and "Shepherd Boy's Fantasy Journey", and this time I'm sure: I only need my sixpence. Resilience is resilience, and responsibility is responsibility. Out of consideration for both, I set off
Zhiheng Law Firm was successfully selected into the Law News Agency's "Law Firm Excellence Brand Influence Guide (2023) " and won several awards
On March 2, 2024, the 2nd Legal Service Industry Brand Development Forum of "To Light Chaser" and the 2023 Annual Brand Ceremony of Law News Agency were grandly held in Shanghai. More than 300 people from all over the country, including directors and partners of brand offices, well-known corporate law houses, industry ecological organizations, heads of legal technology companies and media representatives, gathered to discuss in depth the current hot issues in the development of the legal service industry and explore new ideas for the development of industry branding. Jin Dan, executive director of Zhiheng (Shanghai) Law Firm, represented Zhiheng at this event. On the day of the event, the "China Law Firm Excellence Brand Development Report (2023) " and the "Law Firm Excellence Brand Influence Guide (2023) " researched and produced by the Law Firm Research Center were grandly released; nine awards such as "The Top 100 Law Firms with Excellent Brand Influence in Law Firms in 2023" were released... Among them, Zhiheng Law Firm
How to agree on the ownership of the house in Ningbo marital property agreement.
Xiao Wang and his wife bought a house together after marriage. Both parties want to sign a marital property agreement and agree that the house will be owned by one party. How to write the marital property agreement to be effective? Is the house automatically returned to one party after signing? Conclusion First, the marital property agreement stipulates the ownership of the house, which should be in written form, including the house information, property ownership, loan commitment, compensation method and transfer arrangement. The agreement is legally binding between husband and wife when signed by both parties, but it should be effective and effective against bona fide third parties...
How to Prevent Marital Property Agreement from Revocation in Ningbo
Mr. Li and his wife signed a marital property agreement, agreeing that a property purchased after marriage will be owned by Mr. Li personally. A few years later, the wife reneged, claiming that the agreement was unfair and demanding that it be revoked. Mr. Li wants to know: has signed the agreement, but also can not keep? The conclusion is: marital property agreement as long as the content is legal, the meaning is true, the two sides voluntarily, it is protected by law; but to prevent the revocation, must be "fair and reasonable content, voluntary and flawless, procedural norms", and try to handle the change of property rights...
What are the precautions for Ningbo to sign a prenuptial property agreement?
Xiao Zhang and his fiancee are going to sign a prenuptial property agreement, but they don't know what issues should be paid attention to to ensure that the agreement is legal and effective. Prenuptial property agreements are becoming more and more common among young families in Ningbo-if they have their own houses, mortgages and company shares before marriage, signing a written agreement can clearly state the ownership of the property in the future. Conclusion First: Signing a prenuptial property agreement should grasp five things-written form, legal content, voluntary, clear scope of property, clear rights and obligations...
Ningbo divorce agreement undecided who will repay the mortgage and how to deal with it.
When Mr. Zhang and Ms. Li agreed to divorce, they agreed that the house would be owned by Mr. Zhang, but it was not clear who would repay the remaining mortgage. After the divorce, the bank still deducted money from Ms. Li's account, resulting in a dispute between the two parties-"the house belongs to him, but the deduction is deducted from me". such problems often occur in the divorce of mortgage houses. Conclusion First: If the divorce agreement does not specify the subject of mortgage repayment, it shall be determined according to the principle of housing ownership, mutual agreement and fairness...
Is the change of children's names agreed in Ningbo divorce agreement valid?
When Ms. Zhang and her husband divorced, they agreed that the child would be raised by Ms. Zhang, and the man agreed that the child would follow Ms. Zhang's surname. But once the divorce certificate was received, the man went back on his word and did not cooperate with the police station to change his name. Does the agreement on the change of surname written in black and white in the divorce agreement count? Conclusion first: the agreement on changing the name of the child in the divorce agreement is binding on both parties; however, the change of the name of the child is a household registration matter, which requires both parents to go to the public security organs together, and if one party does not cooperate, the other party cannot unilaterally...
How to agree on the issue of child support in Ningbo divorce agreement
Xiao Wang and his wife are preparing to divorce by agreement. Both parties need to make clear agreements on who will raise the child, the amount of support, and the arrangement of visitation rights to avoid future disputes. First, give a conclusion: in the divorce agreement, specific and enforceable agreements should be made around five aspects: the ownership of custody, the amount and payment method of custody, the exercise of visitation rights, the decision-making of major matters, and the adjustment mechanism of custody-only writing the thick clause of "the child belongs to me and you pay for it" is tantamount to leaving the dispute to the future. 1. Legal framework…
Can the Ningbo divorce agreement agree to transfer the property to minor children?
When Mr. Zhang and Ms. Li divorced, they agreed to transfer the shared property to the minor children, leaving a guarantee for the children's future. But when the divorce certificate was received, one party went back on its word-did not want to transfer the ownership, and even wanted to return the house and dispose of it himself. Does this agreement count or not? Conclusion First: If the divorce agreement stipulates that the joint property of the husband and wife will be donated to the minor children, the agreement is legally binding on both parties, and if one party repents and fails to perform, the other party or the children may require it to perform; unlike the general gift, the divorce agreement...
Is the divorce agreement signed before Ningbo's divorce and remarriage still valid?
Mr. Zhang and Ms. Li agreed to remarry shortly after the divorce, but after the remarriage, the two sides argued over "who the house and savings were distributed to in the divorce agreement, but it didn't count. Direct conclusion: the divorce agreement has come into effect when the divorce is registered, and the agreement on the division of property will not automatically become invalid due to remarriage. After remarriage, the property allocated to each other according to the original agreement belongs to the personal property of each other before marriage in nature, and will not be changed back to the common property of husband and wife because of re-obtaining the certificate-unless both parties remarry...
If a divorce agreement is signed in Ningbo and the property registration is amended, does that automatically make the property personal property?
Ms. Wang and her husband divorced, with their agreement stipulating that the jointly owned property would be assigned to Ms. Wang, and the transfer of ownership was duly registered. She later wondered whether the house was entirely her personal property. Direct to the conclusion: if the divorce agreement stipulates that the house is owned by one party and has been registered for the change of property rights, the house is determined to be the personal property of that party and can be used against the other party and its creditors...
Can Ningbo Agreement Divorce Regret After Receive Divorce Certificate
After Mr. Zhang and Ms. Li agreed to divorce and received a divorce certificate, Mr. Zhang repented on the content of the property division, believed that the division was unfair, and wanted to know whether the divorce agreement could be revoked. In reality, it is not uncommon to "go back on one's word after receiving the certificate", but it is necessary to distinguish the object of going back on one's word: for the divorce itself, the marriage relationship will be dissolved after receiving the divorce certificate, and one cannot go back on one's word (if one wants to remarry, one must re-register the marriage); The content of property division can be requested to be revoked or changed by the court within the legal time limit, but must be proved that the agreement...
Is there a high probability that Ningbo will sue for fraud and coercion to revoke the divorce agreement?
After agreeing to divorce, Ms. Li found that her ex-husband concealed a number of real estate and deposits. She believed that the divorce agreement was signed under fraud and wanted to sue for cancellation of the property division agreement. In practice, there are not a few such lawsuits of "divorcing and turning over old debts", but the results vary greatly: some are successfully revoked and re-divided, and more are rejected due to insufficient evidence. First to the conclusion: the court will accept the cancellation of the divorce property division agreement on the grounds of fraud and coercion, but the success of the case depends on the adequacy of the evidence-...
Ningbo agreement can re-divide property after divorce
When Mr. Zhang agreed to divorce, he agreed that the property would be owned by his ex-wife. After the divorce, he found that his ex-wife had secretly transferred a large deposit before the divorce. Mr. Zhang wants to know whether this part of the property can be re-divided. In practice, it is not uncommon to find that the other party has hidden money after divorce, and the law gives clear relief channels. Conclusion first: after the divorce by agreement, if one party is found to have hidden, transferred, sold or damaged the joint property of the husband and wife during the divorce, he may sue the people's court for another division. The statute of limitations is three years, since the discovery...
Can Ningbo divorce agreement agree that the child will live with the other party after a certain age?
When Mr. Wang and Ms. Li divorced, they agreed that the child would live with the mother until age five, and with the father thereafter. In the past few years, Ms. Li went back on her word, believing that the transition would disrupt the stable growth of her children. Directly to the conclusion: the divorce agreement can stipulate the change clause of the support arrangement such as "the child will live with the other party after a certain age", and the agreement itself is valid; However, this clause is based on the premise that it is conducive to the healthy growth of the child's body and mind. If the situation changes in actual performance, one party may request the court to do so in the best interest of the other party...
Is it still valid for Ningbo to sign a divorce agreement without registering it?
Xiao Zhang and his wife signed a divorce agreement, but for various reasons have not been to the Civil Affairs Bureau for divorce registration. Later, Xiao Zhang went back on his word and did not want to divorce. His wife believed that the divorce agreement had come into effect and must be fulfilled according to the agreement. Conclusion: The divorce agreement is based on the "divorce registration" as the effective condition of the agreement-not for divorce registration, the agreement on the dissolution of marriage and property division of the content does not take effect, the two parties are still husband and wife, either party can go back on their word; But the content of the agreement can reflect the truth of both parties...
What are some common invalid provisions in divorce agreements in Ningbo?
When many couples sign divorce agreements, they will agree on some seemingly reasonable but possibly invalid clauses in order to divorce as soon as possible-"give me the child when remarrying", "never let the other party look after the child", "the child belongs to me, and you don't have to pay any alimony". when writing, they were happy, and only after the divorce did they find that the clauses did not take effect and disputes continued. Conclusion first: the agreement in the divorce agreement to restrict personal rights, deprive visitation rights, exempt from the obligation of support, harm the interests of third parties, and violate the mandatory provisions of the law is invalid...
Ningbo divorce agreement agreed that the other party to repay the loan but did not perform how to do.
When Ms. Zhang divorced, she agreed that the house would be owned by her ex-husband and the remaining mortgage would be repaid by her ex-husband. But the ex-husband did not repay for several months, the bank began to collect from Ms. Zhang, her credit also appeared overdue records. Conclusion: The agreement of "repayment by one party" in the divorce agreement is only valid between the husband and wife, and is not binding on the bank-the bank can still claim repayment to both parties as co-borrowers according to the original loan contract, and the overdue credit is damaged by both parties...
Ningbo divorce agreement agrees that custody belongs to the other party, can it be changed later?
The fact that the divorce agreement stipulates that the children will be raised directly by the other party does not mean that the relationship of support is fixed. As long as the subsequent statutory circumstances arise, the other party may sue the court for a change in the dependency relationship. However, the starting point of the court's review is always whether it is more conducive to the growth of minor children, rather than who is more aggrieved and who wants children more. This means that just because one's conditions have improved, the other party has remarried, or the child has expressed his desire to live with him, it may not be enough to get support...
In a divorce agreement in Ningbo, the property was assigned to me. Can I acquire ownership of the property without completing the transfer of title?
A couple agreed to divorce and agreed that the property purchased after marriage should be owned by the woman, but both parties have not registered for the change of property rights. Later, the man sold the house to an unwitting third person and completed the transfer. The woman sued to confirm that she was the owner of the house, but the result was not optimistic. Disputes of this nature are not uncommon in practice. One sentence conclusion: the divorce agreement stipulates that the real estate belongs to one party, before the real estate registration, the party only enjoys the creditor's rights to request the other party to cooperate with the transfer, can not directly obtain the house...
Can Ningbo still sue for property division after divorce?
Some parties consulted: during the divorce, both parties signed a divorce agreement and registered for divorce in the Civil Affairs Bureau. Later, they found that the other party had hidden a set of real estate and a deposit. She would like to ask, now that the divorce has been agreed, can you sue the court for a new division of property? One sentence conclusion: after an agreed divorce, you can sue for the division of property before you get a divorce certificate; after you get a divorce certificate, if you find that the other party is hiding, transferring property or there is fraud or coercion in the agreement, you can still have it within the statutory time limit...
What should I pay attention to when signing a divorce agreement when my spouse is derailed in Ningbo?
A woman found out that her husband was emotional after cheating. In order to make peace, her husband offered to sign a divorce agreement and give her the house and savings. On the one hand, she wants to close the agreement as soon as possible, on the other hand, she is worried that she will suffer losses in the future if the agreement is not signed well. This situation is very typical in practice. One sentence conclusion: when a spouse is derailed, three points should be paid attention to when signing a divorce agreement-fixing the derailment compensation as a specific amount instead of vague expressions such as "clean body and out of the house...
What should be paid attention to when signing divorce agreement in Ningbo
Divorce agreement is the core document of divorce agreement. Many parties think that the Civil Affairs Bureau has a template and can fill it in casually. As a result, a large number of disputes arise after divorce due to problems such as property transfer, alimony payment and debt bearing. One sentence conclusion: the signing of a divorce agreement should clarify the three core matters of child support, property division and debt handling, and the terms should be as specific as possible (write down the time, amount, account, certificate number), avoid vague expressions and "under their respective names" type of general terms, agreement registration students...
Does Ningbo Need Compensation for Violation of Husband and Wife Loyalty Agreement
Whether one can obtain compensation for breaching a marital fidelity agreement cannot be determined across the board. In practice, there is a more consistent view that restrictions on identity relations and personal freedom, such as leaving the house clean, giving up custody of children, and not filing for divorce, are generally considered invalid. For property compensation agreements that do not violate the mandatory provisions of the law, public order and good customs and clear content, some courts will support them within a reasonable range, but the scale is not uniform, and those with abnormally high amounts will be reduced. A more prudent understanding…
How to write the loyalty agreement between Ningbo husband and wife
1. first understand what the loyalty agreement is about. The loyalty agreement between husband and wife is usually an agreement between the two parties in the marriage to remain faithful to each other. If one party breaches the contract such as derailment, it will bear the consequences of compensation, less property or return to the other party. It is essentially a private agreement between husband and wife on marriage loyalty, not a standard legal document template, there is a lot of room for autonomy in writing. Before writing, you must first think about the purpose: whether you want to add a constraint to the marriage, or leave a basis for the division of property in case of divorce. Different purposes, different writing styles…
Is the loyalty agreement signed by Ningbo husband and wife valid?
The validity of the conjugal loyalty agreement cannot be generalized. Provisions relating to the relationship between personal freedom and identity, such as restrictions on divorce, restrictions on remarriage, waiver of custody or agreement on ways of visiting, are usually invalid because they violate public order and good morals or violate legal rights. In contrast, purely on the ownership of property and reasonable compensation of the agreement, if it does not violate the mandatory provisions of the law, the amount is not too unbalanced, some courts will deal with as a property agreement. To judge whether an agreement can be used, we must first take the terms apart to see...
Does the Ningbo Husband and Wife Loyalty Agreement Have Legal Effect
"If one party derails, compensate the other party for 1 million/clean up and leave the house"-the loyalty agreement is full of feelings and calculations. However, in court, such agreements may not be "accepted as they are". First to the conclusion: the validity of the loyalty agreement depends on whether it is written "identity loyalty" or "property arrangement". Pure slogan-style identity loyalty clause belongs to moral advocacy, it is difficult to directly enforce...