Many couples, in order to secure their children's school enrollment, have agreed to temporarily file for divorce and made an oral agreement to remarry. If the other party reneges, filing a divorce agreement with the Civil Affairs Bureau will pose significant property risks. The team of Lawyer Wu Liyun from Guangdong Shenjia Law Firm, relying on a complete chain of evidence, revoked the false property division agreement, confirmed that the property in question belongs to the joint property of the couple, and simultaneously helped the client obtain their share of the marital savings.
The court clarified that either party has the right to withdraw the divorce registration application during the cooling-off period, and the divorce procedure terminates after withdrawal.
In divorce proceedings, mediation does not signify compromise or concession; rather, it involves striving for a more reasonable overall solution within the legal framework. Real estate does not necessarily have to be divided and disposed of immediately during divorce; it can be agreed upon that the property will be transferred to the children after they reach adulthood. When it comes to child support, it is important to distinguish between basic maintenance payments and various additional expenses that are separately accumulated, in order to avoid continuous new disputes in the future. The right of visitation cannot simply be stated as "having the right of visitation"; it must include practical details such as the frequency of visits and whether the child can be taken away, etc. At the same time, adding the agreement not to belittle one another in front of the children can reduce the psychological harm that divorce inflicts on minors.
During marriage, both spouses have equal rights to dispose of joint property. If one spouse uses a large amount of joint savings or funds without the other's consent to purchase a vehicle or make transfers/consumption for a third party, the original spouse has the right to file a lawsuit and demand full restitution.In cases involving the recovery of such gifts, there is not only one path to follow—waiting for a court verdict.Mediation can facilitate prompt payment, but the fulfillment conditions of the mediation documents, breach clauses, and privacy confidentiality agreements are crucial. Even minor omissions in the terms may result in failed payments or privacy breaches. It is advisable to entrust a professional family law attorney to oversee all details.
This case clarifies that a notarized premarital property agreement is legally binding, and both parties shall divide property according to the agreement.
The court held that property agreements between spouses shall be in writing, and oral agreements cannot override the statutory property system.
The court held that stepchildren who have formed a nurturing relationship have inheritance rights to the stepparent's estate according to law.
When parties have not registered marriage but have cohabited for many years, the court ordered discretionary return of part of the betrothal gifts based on actual circumstances.
The court legally supported a full-time housewife's claim for compensation for domestic work upon divorce, fully affirming the social value of domestic labor.
This case involves divorce caused by domestic violence, where the innocent party obtained compensation for mental distress and medical expenses according to law.
For debts beyond daily family needs, the court strictly applies burden of proof rules. If the creditor fails to prove the debt was used for common life, it will not be recognized.
This judgment clarifies the statutory circumstances and court's discretion standards for modifying child custody.
If concealed property is discovered after divorce, the other party may request re-division according to law. This case clarifies the standards for determining concealment.
One party waived all property at divorce and later requested revocation on the grounds of manifest unfairness. The court held the agreement legal and valid.
This case involves the ownership of rental income and appreciation of premarital personal property after marriage. The court held that the rental income and appreciation part belong to community property.