Can property acquired prior to marriage be divided upon divorce? Our Beijing divorce attorney answers as follows:

Generally, assets owned by either spouse before the marriage will remain that spouse's separate property after the marriage ends. The property won't be divided or distributed by a court as marital property.

It's possible to handle separate property in such a way that it gets "commingled" or mixed with property acquired after the marriage. Money is the best example of this. If you put your separate money into a bank account that both you and your spouse make deposits and withdrawals, that money might become property of the marriage. It could be divided at divorce.

A couple can also agree to change property from separate to marital, such as where one spouse's pre-marriage home is re-titled in both spouse's names.

You are welcome to send questions regarding Beijing divorce and our beijing divorce lawyer will reply very soon.

Published in Divorce Lawyer

For those of you who decide to divorce in Beijing, you might think of how the assets are divided in Beijing divorce court. One of the main components of any divorce settlement is a property division agreement. If you and your spouse are able to agree upfront about what to do with your property, you can save thousands of dollars in legal fees. If not, the only answer may be to battle it out through attorneys. Either way, it pays to know what you’re dealing with. The following information isn’t meant as legal advice, it’s just some common ways people divide (or keep) assets during a divorce.
 
Deciding what to do with the marital home is one of the biggest decision is any divorce. We have dedicated an entire page to the discussion of what to do with the marital home.
 
Retirement plans could possibly be the most valuable asset you own. Your retirement portfolio, in addition to the typical pension, profit-sharing, might also include other employment benefits such as bonuses, vacation days, and stock options. The portion of your retirement plan that’s considered “marital property” might be subject to division. What your state considers as marital property, and how it divides marital property, will be determined by your state’s laws. When dealing with such a large asset, it’s very important to get expert help. You can speak to your plan advisor, an attorney, and/or a tax expert like an accountant. Before you decide that each spouse will simply keep their own pension, and before you make any decision relating to how much each spouse will get or how it will be divided, you’ll want to know exactly what you’re dealing with and exactly what you might be giving up. To get an accurate estimate of the plan’s worth, you should have the plan valued by an expert. You should find out what, if any, penalties and tax consequences there will be if you divide and distribute the plan. Also keep in mind that different methods may be available to you for dividing the plan. You should, at a minimum, find out the answers to the following questions, and decide what makes the most economical sense. You may need an attorney and/or accountant to help you figure this out.

Published in Divorce Lawyer
Thursday, 15 March 2012 14:23

Beijing Divorce Litigation

Beijing Divorce litigation refers to a legal action that occurs when two parties want to get a divorce and cannot agree on the terms of the divorce. Some type of divorce litigation occurs in every country that recognizes divorce. Certain countries, such as the Philippines, do not recognize divorces at all, and thus no divorce litigation exists.

When divorce litigation is permitted within a country, the divorce cases are usually handled by a family court. This is a court of limited jurisdiction that handles only family law cases, as opposed to criminal or civil cases. These courts specialize in dealing with divorce-related matters and can give more time and attention to a divorce case than a standard court could, due to the backlog of cases and the need for swift justice.

Litigation in the event of a divorce occurs if the divorcing spouses cannot come to a settlement agreement on their own. If the divorcing spouses can negotiate an agreement, no litigation need occur. The divorce lawyers simply draft the agreement, the court reviews and approves it, and the divorce is finalized by the court.

Published in Divorce Lawyer
Wednesday, 14 March 2012 02:14

Beijing Divorce Lawyer

The majority of the cases handled by the lawyers of this Beijing Law Firm are divorce cases. Divorce is a highly challenging area of law due to the complex legal and emotional issues which are involved. Consequently, whether you are the spouse filing for divorce or the spouse responding to a divorce action, it is critical that you have the right representation.

Because of the expense involved, and the relationships with children which are often involved, our lawyers' primary goal is to get our clients through the divorce process as efficiently as possible given the particular circumstances of the client. Our Beijing divorce lawyers recognize the importance of negotiation and attempting to settle divorce related-matters, and encourage our clients to do so in every case. Often a divorce case can be resolved through informal negotiations. In many cases, however, a more formal approach is necessary. In such cases, mediation is used to effectively resolve disputes.

Although an attempt will always be made to resolve a divorce through settlement, our lawyers also recognize that in many cases, divorcing spouses simply cannot agree on the terms of their divorce. As a consequence, these cases must go to trial. In such cases, our lawyers have the experience necessary to effectively pursue our client's interests in the courtroom.

Published in Divorce Lawyer
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