1. How much are the attorney fees for divorce proceedings?
Lawyers can charge based on the subject matter, which is the subject matter of the property dispute. For example, if the plaintiff believes that the real estate and deposits worth 654.38+0 million should be divided, the lawyer can charge 50,000 to 80,000 based on the subject matter of 654.38+0 million. If the subject matter is not large, the lawyer can also charge on a case-by-case basis. How much does a divorce lawsuit cost, such as 5,000-10,000 yuan. In short, divorce cases are a type of civil and commercial cases, and attorney fees are determined through negotiation, but basically they must refer to the attorney fee guidelines issued by local bar associations.
Provisions and Regulations on Divorce in the Civil Code
Article 1,076 If a couple voluntarily divorces, they must sign a written divorce agreement and go to the marriage registration office in person Apply for divorce registration.
The divorce agreement should state the intention of both parties to divorce voluntarily and the consensus on matters such as child support, property and debt disposal.
Article 1,077 If either party is unwilling to divorce within thirty days from the date when the marriage registration authority receives the divorce registration application, the divorce registration application may be withdrawn from the marriage registration authority.
Within thirty days after the expiration of the time limit specified in the preceding paragraph, both parties shall apply for a divorce certificate in person at the marriage registration authority; if they fail to apply, the application for divorce registration shall be deemed to have been withdrawn.
Article 1,078: After the marriage registration authority determines that the parties are indeed voluntarily divorcing and has reached an agreement on child support, property, debt settlement and other matters, it shall register and issue a divorce certificate.
Article 1079. If one spouse requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with the People's Court.
When hearing a divorce case, the People's Court shall conduct mediation; if the relationship has truly broken down and mediation is ineffective, the divorce shall be granted.
If mediation fails under any of the following circumstances, divorce shall be granted:
(1) Bigamy or cohabitation with others;
(2) Implementation of family law Violence, abuse, or abandonment of family members;
(3) Gambling, drug abuse and other bad habits;
(4) Separation for more than two years due to emotional discord;
(5) Other circumstances that lead to the breakdown of the marital relationship.
Second, the legal provisions of the "Lawyers Law" on lawyer fees
Article 1 is to regulate lawyer service fees, safeguard the legitimate rights and interests of clients and lawyers, and promote the lawyer service industry To achieve healthy development, these Measures are formulated in accordance with relevant laws and regulations such as the Price Law and the Lawyers Law.
Article 2: These Measures apply to the charging behavior of law firms established in accordance with the Lawyers Law of the People's Republic of China and lawyers licensed to practice law to provide legal services to clients.
Article 3: Lawyer service charges shall follow the principles of openness, fairness, voluntary compensation and good faith.
Law firms should facilitate and benefit the people, strengthen internal management, reduce service costs, and provide clients with convenient and high-quality legal services.
Article 4: Lawyer service fees shall be subject to government-guided prices and market-regulated prices.
Article 5 Law firms shall provide the following legal services in accordance with the law at government-guided prices:
(1) Agency for civil litigation cases;
(2) Agency Administrative litigation cases;
(3) Acting as an agent in state compensation cases;
(4) Providing legal advice to suspects in criminal cases, acting as an agent for complaints and accusations, applying for bail pending trial, and serving as a defendant A person's defender, private prosecutor or victim's litigation agent;
(5) Acting as an agent in appeals of various litigation cases.
The fees for other legal services provided by law firms shall be subject to market-adjusted prices.
Article 6 The benchmark price and floating range of government-guided prices shall be formulated by the price administrative departments of the people's governments of each province, autonomous region, and municipality directly under the Central Government in conjunction with the judicial administrative departments at the same level.
Article 7 When formulating charging standards for lawyer services, the government should listen to opinions from all aspects of society and hold hearings when necessary.
Article 8
The government should fully consider the local economic development level, social affordability and the long-term development of the lawyer industry, and based on the average compensation cost of lawyer services, plus reasonable profits and statutory taxes Determine charging standards.
Article 9: Lawyer service fees subject to market-adjusted prices shall be determined through negotiation between the law firm and the client.
When a law firm negotiates lawyer service fees with a client, the following main factors should be considered:
The working time spent;
(2) The cost of legal affairs Difficulty;
(3) The client’s affordability;
(4) The risks and responsibilities that the lawyer may bear;
(5) The lawyer’s social reputation and work level.
Article 10 Lawyer service fees can be charged according to different service contents, such as piece-rate fees, proportional fees based on the subject amount, hourly fees, etc.
Piece rate is generally applicable to legal matters that do not involve property relations;
Charges based on the proportion of the winning bid amount are applicable to legal matters involving property relations;
Time Fees apply to all legal matters.
Article 11: When a law firm handles civil cases involving property relations, if the client still requests contingency agency after being informed of the government's guidance price, it may charge contingency agency fees.
According to Chinese laws, attorney fees for breach of a loan contract can be paid by the defaulting party. The plaintiff safeguarded his rights through litigation in accordance with the law. my country's "Price Law", "Lawyers Law" and other relevant laws and regulations clarify the basic charging principles for attorney fees.
According to legal provisions, attorney fees for divorce proceedings are generally charged within the prescribed range. "Attorney's fees" also stipulates that attorney's fees cannot be charged indiscriminately. Divorce proceedings can also be charged through property disputes, with different proportions corresponding to different properties. You can also charge per piece. Divorce conditions in the Civil Code are subject to mediation by ordinary courts. If the relationship has truly broken down and mediation is ineffective, divorce should be granted.