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01:12
What is the process of suing for divorce
Procedures for divorce in litigation: 1. Go to the people's court to file an application to the court. 2. After the filing hall reviews that the case meets the filing conditions and the case is approved to be filed, the filing court will issue a notice of filing, and you will pay the legal fees with the notice of filing. 3. After accepting the case, the case filing court of the court shall transfer the case to the civil court for trial. 4. After the civil court accepts the case, it issues a summons to the other party, requiring it to appear in court at a certain time to answer the lawsuit. 5. After both parties appear in court, the court will mediate. 6. The court made a decision to approve or disapprove divorce through hearing.
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01:47
Does the will still need to be notarized
According to the relevant provisions of China's Civil Code, there are five main forms of wills: Notarial testament, self written testament, written testament, recorded testament, oral testament. A notarized will is a will that has been justly dealt with according to the law; A self written will is a will written by the testator; A will written on behalf of others is a will written on behalf of others because the testator cannot write it. Sound recording testament refers to the testator who makes his own oral testament in the form of sound recording; Oral will refers to a will made orally by a testator in a crisis situation. After the crisis situation is relieved, if the testator can make a will in written or audio recording, the will made will will be invalid. Among the above five kinds of wills, except for notarized wills, the other four kinds of wills are valid as long as they meet their own constitutive requirements and do not need to be notarized. Compared with other four kinds of wills, notarial wills have the highest effect.
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01:45
Can property be redistributed after divorce by agreement
Generally speaking, there are several situations in which property can be redistributed after divorce: 1. At the time of divorce, the property was not divided during the marriage survival period. After divorce, both parties can divide it by agreement or through court proceedings: 2. At the time of divorce, one party conceals or conceals the property jointly owned by the husband and wife during the marriage period. After divorce, if the property is seized by the other party, the other party can request for re division through court proceedings: Specifically, if one party conceals, transfers, sells, destroys the common property of the husband and wife, or forges debts in an attempt to occupy the property of the other party, when dividing the common property of the husband and wife, the party who conceals, transfers, sells, destroys the common property of the husband and wife or forges debts may be given less or no share. After divorce, if the other party finds that he or she has committed any of the above acts, he or she may file a lawsuit with the people's court to request another division of the husband and wife's common property. Therefore, only those who meet the above conditions can apply for re segmentation. 3. At the time of divorce, both parties have negotiated to divide the property. After divorce, one party requests to divide the property again. If the other party agrees, it can be divided again, but if the other party does not agree, it cannot be divided again.
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01:54
How much does it cost to sue for divorce
Do you mean the legal fees paid to the court or the attorney fees entrusted to the lawyer? Generally, if you sue for divorce, it may include these two expenses. Litigation fees refer to the fees that the parties should pay for bringing legal proceedings to the people's court, including case acceptance fees and other litigation fees. According to the provisions of the Measures for Payment of Legal Costs: Each divorce case shall be paid 50 to 300 yuan. In case of property division, if the total amount of property does not exceed 200000 yuan, no additional payment will be made. If the total amount of property exceeds 200000 yuan, 0.5% will be paid. Consult the local court for details. In addition, if you want to entrust a lawyer to help you go through divorce proceedings, you also need to pay a certain amount of lawyer fees. The amount of lawyer fees needs to be negotiated with specific lawyers. Generally, lawyers need to evaluate their workload according to the difficulty of your case, existing evidence, and the amount of property objects before they can give you a quotation. At the same time, in different regions The fees charged by different law firms vary from several thousand yuan to tens of thousands yuan.
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02:54
Divorce equity split
Generally speaking, the law will adopt different segmentation methods according to the company's capital contribution. According to the capital contribution of the company, the law of our country divides the company into individual proprietorship enterprises, limited liability companies and joint stock limited companies. 1、 How to divide the equity of a sole proprietorship enterprise when the couple divorce? For a sole proprietorship enterprise registered in the name of one party, if the capital comes from the joint property of the husband and wife, the joint operation of the husband and wife, or the company property whose income is mainly used for family life, it is generally considered as the joint property of the husband and wife. According to the provisions of the judicial interpretation, if a husband and wife invest in the establishment of a sole proprietorship enterprise in the name of one party, the people's court shall deal with the joint property of the husband and wife in the sole proprietorship enterprise according to the following circumstances: （1） If one party claims to operate the enterprise, the other party shall compensate the other party accordingly after the enterprise assets are evaluated; （2） If both parties claim to operate the enterprise, the party that obtains the enterprise shall give corresponding compensation to the other party on the basis of bidding by both parties; （3） If neither party is willing to operate the enterprise, it shall be handled in accordance with the Law of the People's Republic of China on Wholly Owned Enterprises and other relevant provisions. 2、 When couples divorce, how to divide the shares of limited liability companies and joint stock limited companies? If one party holds shares in a limited liability company, according to the provisions of the judicial interpretation: the people's court hearing a divorce case involves the division of the amount of capital contribution of one party in the joint property of the husband and wife in the name of the limited liability company, and the other party is not a shareholder of the company, it shall be dealt with according to the following circumstances: （1） Both husband and wife agree to transfer part or all of their capital contributions to the spouse of the shareholder through consultation. If more than half of the shareholders agree and other shareholders clearly express their priority to purchase, the spouse of the shareholder can become a shareholder of the company; （2） After the husband and wife reach consensus on the transfer share and transfer price of the capital contribution, more than half of the shareholders do not agree to the transfer, but are willing to purchase the capital contribution at the same price, the people's court may divide the property obtained from the transfer of the capital contribution. If more than half of the shareholders neither agree to the transfer nor are willing to purchase the capital contribution at the same price, it shall be deemed that they agree to the transfer, and the spouse of the shareholder may become a shareholder of the company. Article 1087 of the Civil Code: At the time of divorce, the joint property of the husband and wife shall be handled by both parties through agreement; If the agreement fails, the people's court shall make a judgment according to the specific circumstances of the property and the principle of taking care of the rights and interests of children, women and the innocent party. The rights and interests enjoyed by the husband or wife in the household land contractual management shall be protected according to law.
