lawyers often encounter such a scenario. Whenever there are no doubts, clients will contact you: "XX Lawyer, I have marriage problems. Can you consult you?"
If you answer at this time, "I am not good at this field." The client will have a question mark in his heart: "Aren't you a lawyer?" If you reluctantly respond, you will have to go through a long conversation, and the key points will not be drawn after hearing it.
In the face of this troubles of lawyers, Wenkang Training School's 139th issue was shared by lawyer Tan Lei, a partner of Wenkang Law Firm, hoping to inspire young lawyers.
Characteristics of marriage business
1. Once in the siege at a young age, I am happy today - marriage cases are a high-profile business
Ordinary people may rarely commit crimes in their lives, and few people will own a company, but most adults will choose to enter marriage. It can even be said that marriage life is the life of adults to some extent. There is a possibility of separation when there is a combination. Although it doesn’t sound very kind, objectively speaking, the number of cases in this field is relatively abundant.
2. Women are better than men, and beautiful women are better than children. Most of the female lawyers are engaged in marriage business
In Wenkang, there are not many female lawyers who specialize in marriage business, but in many small and medium-sized law firms, this is basically the standard business for female lawyers. The reason is probably because today, with the increasingly clear division of labor of lawyers, there are not many areas where female lawyers have natural advantages, and marriage business can be considered one of them.
3. Don’t say that the lives of people are small, and the flesh is common - all living beings are equal in front of marriage
Just like the marriage oath says: no matter whether it is disease or health, no matter whether it is poor or rich. Yes, even no matter whether you are a high-ranking or a commoner, when you lose your social attributes and return home, you are someone's wife or husband, and you must feel all the joys and sorrows. One day, when the body no longer matches your spirit, and even when your spirit is gone, it is not something you can decide whether to continue to rescue or enter the ICU. Who can decide? It's most likely your spouse. Here, everyone is an equal human being.
4. Plan and win a thousand miles away - Marriage business is like playing chess
Why do the two once closest people in the world need to separate, why do you need the participation of a lawyer? I often hear clients who come to consult marriage issues say: Lawyer, I checked the books, or I searched the laws on Baidu. Therefore, this business is often not about how difficult the law is, but about how deep the people’s hearts are. As a marriage lawyer, you must not only understand the law, but also understand human nature: how do both parties know each other? What is the emotional foundation? What is the way to get along? The other person's personality? The reason for the divorce? Is there any evidence? How many times have you filed for divorce? How to design a lawsuit? Even if we cannot "dially extinguish the masts and oars in ashes while chatting and laughing", we must "take every step" and "the overall situation is in mind."
5. Turn frost into drizzle, turn sword into jade - mediation thinking runs through all the time
Mediation is a necessary pre-process in marriage cases and requires the person to appear in court. These characteristics are all given by the emotional background of marriage cases. The court hopes to understand the true meaning of the parties themselves, and the situation at the trial will sometimes change rapidly due to the client's own wishes. A good marriage lawyer makes good use of mediation and is good at seizing favorable opportunities in negotiations, which can effectively lead to a decent ending of a devastating marriage.
6. Although the source is different, the flavor is similar - similar to the criminal defense lawyer
There is a line in the American movie " Marriage Story ": "Marriage lawyers desperately discover the shortcomings of an ordinary person, and criminal lawyers desperately find the advantages of an ordinary person."The two are facing natural person clients: facing the human bottoming out and the bottoming out of money. Both are hard to go back and forth: no client will tempt and wander around the edge of crime or divorce in order to meet his lawyer. Of course, criminal clients will be more likely to reflect on themselves every day when temporarily losing their personal freedom. If the men and women in divorce can also reflect on themselves like this, why worry about the disagreement of marriage?
Common questions in consultation html ml7
1. What are the evidences?
Materials related to identity, breakdown of feelings, property rights and debts, and custody and support.
2. Two roads and three things link up marriage business
Two ways: Civil Affairs Bureau and the court; three things: emotional breakdown, money division and child raising visits.
3. What are the criteria for judging divorce?
Whether the relationship has broken down. Note: After the people's court ruled that the divorce was not allowed, the two parties had been separated for another year, and one party filed a divorce lawsuit again, the divorce should be granted. html l2
4. Can you divorce be divorced the second time you file a divorce lawsuit?
"Only those who you cannot marry, there is no marriage that you cannot divorce." Once you file a divorce for the second time, you express the possibility of reconciliation and the determination to leave, so it is highly likely.
5. Why "I don't want anything, but I still can't divorce? "
The problem lies in the fact that nothing is needed. Who has the courage to leave the house? At least one thing is certain: the ability to make money. In fact, the fewer the demands, the greater the difficulty. There must be fences in the design of litigation requests, so that the other party can easily grasp your bottom line.
6. What should I do when I encounter domestic violence?— Zero tolerance
Personal safety is always the first priority. You must fight back as soon as possible. If you can't beat it, run away. Never fall into the learned helplessness of psychology. If necessary, you can apply to the court for habeas protection order .
7. Who is the more suitable custody of the child?
is a principle that is conducive to the growth of children. Economic conditions are very important, but they are not the only consideration.
8. What is the standard for paying for child support?
The party who does not directly raise the child must bear part or all of the child support. , usually 20-30% of the total monthly income, and two children generally cannot exceed 50%. It is generally paid monthly, and when you have the ability and agree, you can pay in one lump sum. It is also possible to negotiate that the direct support party bears the entire support fee on its own.
9. How do you view "out of the house with purity"?
"Good men are in the Civil Affairs Bureau. "It sounds a bit moral kidnapping . However, in any divorce case that enters the litigation process, there is almost no "letting out of the house". Moreover, when signing the property agreement between husband and wife, it is recommended not to appear. The legal principle behind it: he (she) may be at fault, but it is not "unforgivable".
10. The situation where the legal can be divided into more property?
is limited to "one spouse hides, transfers, and sells , destroy or squander the common property of the husband and wife, or forge the common debt of the husband and wife to infringe on the other party's property." The legal theory behind it: use money to punish money.
11. Can I apply to the court to retrieve the other party's property?
, but there are restrictions on the time of retrieval. In practice, it is available for half a year, 1 year, or 2 years. The legal theory behind it: the law defaults that people are kind; the law does not protect or protect their own people.
12. I earn all the money, do I still have to share it equally?
Yes, because my country takes the principle of co-ownership of husband and wife property as an exception. If there are no exceptions as stipulated by special agreements and laws, "the juice needs to be divided into half of you."
13. Can the house have my share?
Compared with equity , real estate is the most important asset of most families. The reason why marriage lawyers charge considerable fees is also closely related to the appreciation of the property. Real estate areas are divided into pre-marital purchases and post-marital purchases. The current laws have unprecedented protection for pre-marital properties. Pre-marital properties with loans cannot be added with the spouse's name. If the gift is simple, it may be a piece of paper. Of course, registering a property after marriage as a separate property does not mean that it belongs to one of them.
14, Divorce Agreement is unbreakable?
There is no legal saying of "fake divorce". It is a serious matter to sign a divorce agreement and obtain the " Divorce Certificate ". "There is no turning back when you open the bow", unless it is proved that there were fraud and coercion at that time, the content agreed in the divorce agreement will be difficult to break.
15. Can a huge sum of money be agreed as living expenses after divorce?
The marriage disintegration, and the relationship between the two parties is no longer protected by a certificate. Based on the extinction of rights and obligations arising from the marriage relationship, one party has no obligation to continue to pay the other party’s living expenses. However, if the law does not prohibit it, it can be done without interference with one party's voluntary behavior.
Basic qualities of marriage lawyers
1, powerful empathy and control the whole audience: can not only iron the hearts of clients like psychological counselors, but also have the courage and calmness of a surgeon.
2. Become an introductory game and stay out of it: there is no real winner in a marriage lawsuit, and the result the client wants is the best result.
3. There is no fear of difficulties, but there is a sense of danger: we cannot intensify the conflicts between customers and cause trouble.
4. The spirit of empty cups and a sense of justice: attach importance to every case you take over, respect your opponent; pursue the justice of outcome and procedural justice, not just a simple sense of justice.
5. Know the standard of looking straight and paying attention to: Don’t comment on the quality of your clients’ marriage; act as an agent for clients of the opposite sex, and try to weaken the other party’s hostility.
6. Be good at negotiation and a decent ending: Ending a marriage is a process of constant game, with long obstacles. If the emotional color has faded and only "negotiation conditions" is left, try to promote the two sides to get together and part.
Finally: There is another simpler way to master these knowledge and skills, which is what we Wenkang has always advocated - cooperation to win .
