As for divorce, we know that both parties are willing. The most difficult thing to deal with in this process is the property issue. Generally, both parties negotiate privately. Of course, if negotiation fails, you must ask a lawyer to go through legal procedures until there is a result. Of course, it costs money to hire a lawyer. 1. How much is the lawyer's fee for divorce property division? For civil divorce cases involving property relations, the cumulative fees are as follows: 1 and less than 654.38+10,000 yuan (including 654.38+10,000 yuan), and the fees are 8%- 12%. If the fee is less than 3000 yuan, it can be charged at 3000 yuan; 2, more than 1 ten thousand yuan to 1 ten thousand yuan (including 1 ten thousand yuan) part of the fee ratio is 5%-7%; 3, 1 ten thousand yuan to 1 ten thousand yuan (including 1 ten thousand yuan) part of the fee ratio is 3%-5%; 4, 1 00000 yuan to 1 100 million yuan (including1100 million yuan) part of the fee ratio is1%-3%; 5. The proportion of 1 100 million yuan is 0.5%- 1%. Second, what is the effectiveness of the divorce property division agreement? After the agreement on property division, it shall not be used as the basis for property division in divorce proceedings. Property division agreement is a part of divorce by agreement, and divorce proceedings are two completely independent divorce systems, which cannot be used or confused in specific procedures. The voluntary principle of divorce by agreement runs through every link, including the division of property. In the property division agreement, one party can give his property to the other party in the name of property division (in contrast, in divorce proceedings, only the joint property of husband and wife is divided, and one party's personal property can only be handled for other reasons. )。 Divorce by agreement follows the voluntary principle of property division agreement, which can only be used as a link of divorce by agreement, not independent of divorce by agreement, and cannot be used for divorce in litigation. Three. What is the limitation of prosecution for divorce property disputes? Article 47 of the Marriage Law stipulates: "At the time of divorce, one party hides, transfers, sells, damages the joint property of husband and wife or forges debts in an attempt to occupy the property of the other party." The legislative intent of these provisions is that as far as divorce proceedings are concerned, Article 31 of the judicial interpretation 1 stipulates that "in the case of Article 47 of the Marriage Law, the limitation of action is two years." However, if one party conceals, transfers or sells the joint property of husband and wife, the provisions of "two years" shall not apply, but the provisions of Articles 8 and 9 of Judicial Interpretation II shall apply. "The agreement on the division of property in the divorce agreement or the agreement reached by the parties on the division of property due to divorce is legally binding on both men and women." And "if a man and a woman request to change or dissolve the property division agreement within one year after agreeing to divorce, the people's court shall accept it", that is, the statute of limitations is "one year". The above is the introduction of the lawyer's fee for divorce property division.
Legal objectivity:
The provisions of the new Marriage Law on divorce property division are as follows: 1. New marriage law, real estate appreciation part, divorce property division. Article 5 of Judicial Interpretation III of the New Marriage Law stipulates that the value-added part of the house purchased by husband and wife before or after marriage belongs to one party's personal property. When divorced, the value-added part of the house will not be divided. II. Judicial Interpretation of the New Marriage Law, Donation of Houses within Marriage and Division of Divorce Property Article 6 stipulates that before marriage or during the marriage relationship, one party will give property to the other party. If the property is not transferred, the gift may be revoked. In other words, the gift without transfer belongs to the gift without effect, saying that I want to marry you if I give you the house. There is no turning point. You can go back whenever you want. Therefore, if someone wants to give the property, they must transfer the ownership first. Third, the new marriage law, where one parent invests in buying a house and divorces property. Article 7 of Judicial Interpretation III of the New Marriage Law stipulates that if a property purchased by a husband and wife for their children after marriage is registered in the name of the investor's children, it shall be regarded as a gift to only one of their children, and the property shall be recognized as the personal property of the husband and wife. At this time, even if the house purchased by parents after marriage, if the property right is registered in the name of the investor's parents and children, it belongs to one party's personal property at the time of divorce and will not be divided at the time of divorce. Four. New Marriage Law: Both parents contribute to buying a house, and divorce property is divided. Article 7 of Judicial Interpretation III of the New Marriage Law stipulates that if the property right of the property purchased by both parents is registered in the name of a child, the property can be regarded as shared by both parties in proportion to the capital contribution of their parents, unless otherwise agreed by the parties. In other words, what parents buy is a gift from parents to their children, and the other party has no right to divide it. Five, the new marriage law, one party buys a house before marriage, repays the loan after marriage, and divides the divorce property. Article 10 of Judicial Interpretation III of the New Marriage Law stipulates that one spouse signs a real estate sales contract before marriage, pays the down payment with personal property and borrows from the bank, and repays the loan with the joint property of the husband and wife after marriage. If the real estate is registered in the name of the down payment person, the divorce shall be handled by both parties. If no agreement can be reached in accordance with the provisions of the preceding paragraph, the people's court may decide that the real estate belongs to the party with registered property rights, and the unpaid loan is the personal debt of the party with registered property rights. After marriage, the amount paid by both parties to repay the loan and the corresponding value-added part of the real estate shall be compensated to the other party by the party handling the property right registration according to the principle stipulated in the first paragraph of Article 39 of the Marriage Law. At this time, for the house purchased by one spouse before marriage, even if the husband and wife jointly repay the loan after marriage, the house belongs to the one who bought the house at the time of divorce, and the other party can only get partial compensation.