25 Mar 2012 by in Divorce Lawyer Read 6458 times

Our Beijing divorce lawyer will explain how to draft a Beijing divorce agreement.

As time goes on after you're divorced, you may decide that the terms of your divorce no longer work for you given changes in your life or in your children's lives. For example, your employer is in financial trouble and has asked everyone to take a reduction in salary or your children have gotten older and require more expenses. Or maybe you've never been happy with the terms of your divorce and, although you've done your best to live with them, you've decided now is the time to try to get them changed.

If you and your former spouse see eye to eye on the changes, modifying your agreement or the judge's court order should be relatively hassle-free, assuming that the court shares your perspectives. Just as you did when you got your divorce, you must draw up a revised agreement with the help of your attorneys to be certain that you do not create any problems for yourselves. Then the attorney of whoever wanted to change the agreement files the agreement with the court so that the new agreement can be court ordered. However, if you want things changed and your spouse doesn't, or vice versa (which is more likely), you may be in for a replay of your divorce battles.

If you and your spouse don't see eye to eye about the changes one of you wants to make to the terms of your divorce and you don't want to minimize your legal expenses, try mediation. Mediation is a good way to avoid the expense and emotional upset of hiring attorneys and possibly having to go to court again.

Courts are more open to changing the terms of custody, child-support, or spousal support agreements than they are to changing the terms of a property settlement agreement. In fact, many states prohibit such a change. States that do allow modifications of property settlement agreements usually provide only a very short window of opportunity — typically 30 days after your divorce — for requesting the change.

19 Mar 2012 by in Divorce Lawyer Read 13923 times

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.

19 Mar 2012 by in Divorce Lawyer Read 22089 times

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.

18 Mar 2012 by in Intellectual Property Read 18349 times

Franchise ownership can be highly rewarding. But great rewards rarely come without risk. And when it comes to the risks associated with buying a franchise, rewards are even harder to come by without the advice and assistance of an experienced franchise law firm.

With a national reputation and unique perspective garnered from decades of experience representing franchisors and franchisees alike, our Beijing lawyer provides legal counsel and services designed to help clients ranging from start-up entrepreneurs opening new franchises to multi-unit operators buying existing franchise units and everyone in between manage risk and maximize their chance of success.

Due diligence before buying any franchise, new or existing, yields tremendous dividends later on. With this in mind, this law firm assists clients in researching each franchise system under consideration to determine which one is best suited to their individual needs and goals. The firm also recommends that clients hire an accountant to assess the franchisor's financial condition.

The firm's attorneys will review the information, rights and obligations described in the franchise disclosure document (FDD) and franchise agreement searching for provisions and clauses, such as those that limit the client's right to renew its agreement, that may not be in the client's best interest, such as a multi-unit developer obligation to open a certain number of new franchises within a certain time frame. The firm then enters into direct negotiations with franchisors to change those terms, as needed.

In addition to laying the initial groundwork for purchasing a franchise, lawyers at this firm also provide business formation services, draft agreements with third parties (including independent contractor, supplier, employment, confidentiality and non-compete agreements) and represent franchisees in all real estate matters.

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