Legal subjectivity:
The cost of hiring a lawyer needs to be negotiated separately with the lawyer. Currently, lawyers in different regions charge different fees for handling divorce cases. Lawyer fees in economically underdeveloped areas generally start from 500 yuan to 1,000 yuan; in economically developed areas, such as Beijing, Shanghai, Guangzhou and other big cities, lawyer fees are relatively high. For example, in Beijing, some lawyers can handle a divorce case for 2,000 to 3,000 yuan; some lawyers can start at 10,000 yuan; in addition, lawyer fees also vary depending on the amount of the dispute in the case. At present, there are generally two types of lawyer fees: First, the fee starts with a certain amount, and then a certain fee is charged based on the disputed property exceeding a certain amount. For example, a certain lawyer’s fee standard starts at 5,000 yuan. In other words, no matter how small the amount in dispute is, or even if there is no dispute over the same property, the starting fee is 5,000. If the property in dispute exceeds a certain amount (usually 100,000 yuan), a certain percentage will be charged for the excess. In short, the more property your home has, the higher the attorney’s fees may be. Second, risk agency: pay a certain basic fee, and then determine a fee amount for the amount of property recovered. This type of case is generally applicable to cases where the focus of the dispute is the division of property. The difficulty in such cases generally lies in the collection or execution of separate property. For example, one party does not know the other party's stock situation or bank deposit situation, or the company's equity holdings, or the other party's property is scattered in various provinces, cities or even various countries. Lawyers are required to do a lot of investigation and evidence collection. In order to encourage lawyers to work enthusiastically, when both parties reach an agreement, the client will first pay a certain amount of start-up capital (usually about five thousand yuan), and then the lawyer will collect relevant evidence, search for the other party's property, and do property preservation work, and will always be responsible. to the execution after the judgment of the case. From the property returned from execution, the lawyer extracts a certain percentage of remuneration, currently generally around 10-20. If it is necessary to hire a lawyer during the lawsuit, the lawyer's fees will be borne by the hiring party. Even if the lawsuit is won, the other party cannot be required to bear it. Legal objectivity:
Divorce refers to the legal act by which the couple dissolves the marriage relationship and terminates the rights and obligations between the couple through agreement or litigation. According to the provisions of my country's Marriage Law, if the relationship has truly broken down and mediation is invalid, divorce should be granted. The legal condition for a divorce is that the couple's "relationship has truly broken down". The legal condition for divorce, "the relationship has truly broken down," is a substantive provision and a legal condition for granting or not granting divorce. "Mediation is invalid" is a procedural provision and cannot be regarded as a legal condition for a divorce. Mediation should be carried out when trying divorce cases. Many of the cases in which mediation is ineffective are cases where the relationship has indeed broken down. In this sense, "ineffective mediation" is a reflection of "the relationship has indeed broken down." In some divorce cases, although "mediation failed", it does not mean that "the relationship between the couple has truly broken down." In mediation work, there are often differences between efforts and inefficiencies, in-depth and in-depth, etc., which directly affect the effectiveness of mediation. Years of civil trial practice have shown that the meanings of "mediation ineffective" and "the relationship has indeed broken down" are not exactly the same, and "mediation ineffective" does not always mean "the relationship has indeed broken down." Therefore, "ineffective mediation" should not be used as the basis for determining that "the relationship has indeed broken down." In trial practice, neither "the relationship has truly broken down" nor "mediation is ineffective" should be completely equated. Don't take "mediation ineffective" simply as a sign that "the relationship has indeed broken down." Don’t even consider “invalid mediation” as a legal condition for divorce. The legal condition for a divorce is that "the relationship has truly broken down." Divorce lawyer fees According to the Marriage Law, divorce can be divided into divorce by agreement, divorce by litigation, foreign-related divorce, and registered divorce. Fees for divorce litigation. If the couple cannot reach an agreement on the divorce issue and one party files a lawsuit in court for divorce, in addition to the court case acceptance fee, the fees that may be involved include attorney representation, property preservation fees, property appraisal fees, and execution application fees. wait. The specific charging standards are: Court Case Acceptance Fees The State Council's "Measures for the Payment of Litigation Fees" implemented on April 1, 2007 stipulates that the court's acceptance fees for divorce cases range from 50 yuan to 300 yuan per case.
Involving property division, if the total property does not exceed 200,000 yuan, no additional payment will be made; for the portion exceeding 200,000 yuan, 0.5 will be paid. For this reason, when filing a case, experienced lawyers will often try to help the client pay less case acceptance fees. In the preparation of the indictment, the subject of dispute is controlled within 200,000 yuan, and at the same time, it can prevent the preparation of the indictment from being at a disadvantage in the litigation process during the trial. In Beijing, the court charges a divorce case acceptance fee, which is usually 75 yuan in advance according to the standard of simplified procedures when the case is filed. After the case is heard in court, it will be determined whether it is necessary to pay additional case acceptance fees based on the subject matter of the property. Lawyer Case Agency Fees The National Development and Reform Commission and the Ministry of Justice promulgated the "Administrative Measures for Lawyer Service Fees" on April 19, 2006, and came into effect on December 1, 2006. The Measures stipulate that law firms provide legal services at government-guided prices in accordance with the law. Law firms and clients should consider the following main factors when negotiating lawyer service fees: (1) the time spent working; (2) the difficulty of the legal affairs; (3) the client's affordability; (4) the lawyer's possible responsibilities Risks and responsibilities; (5) Lawyer’s social reputation and work level, etc. For this reason, attorney fees vary from place to place. The basic fees for lawyers in economically developed areas such as Beijing, Shanghai, Guangzhou, and Shenzhen are generally around 5,000 yuan. In addition, depending on the specific case situation, the lawyer's workload, the lawyer's own social reputation and work level, an additional fee of 1-5 will be charged depending on the size of the property subject. However, it should be noted that contingency representation is not allowed for marriage and inheritance cases handled by lawyers. Property preservation fees: In divorce cases, in order to prevent one party from transferring property and making it inconvenient to execute the judgment after it takes effect, lawyers generally recommend that the parties apply to the court for property preservation. The people's court's standard for collecting property preservation fees is: if the amount of property does not exceed 1,000 yuan or does not involve the amount of property, 30 yuan will be paid for each piece; the part exceeding 1,000 yuan to 100,000 yuan shall be paid according to 1; the part exceeding 100,000 yuan shall be paid according to 1. Pay according to 0.5. However, the maximum fee paid by the party concerned when applying for preservation measures shall not exceed 5,000 yuan. Of course, there are also techniques for taking property preservation measures. In order to prevent the other party from transferring property after learning of the lawsuit, it is best to apply for court property preservation before the lawsuit is filed, and at the latest when the case is filed. For property preservation, the court will require property security of corresponding value. Moreover, the property provided as guarantee cannot be the joint property of husband and wife. For example, a property purchased in the name of one party after marriage cannot be used as a secured property. For this reason, in some cities with relatively developed guarantee industries, courts will also allow guarantee companies to provide guarantees. Of course, there is also a fee for entrusting a guarantee company to provide guarantee. The charging standard is generally around 1% of the guaranteed amount. Property Appraisal Fees In divorce proceedings, if the couple cannot agree on the value of the property that needs to be divided, and both parties are unable to appraise the property through bidding, the court will require the plaintiff to apply for appraisal. The selection of the appraisal agency is not made by the parties at will in the market, but must be selected among the appraisal agencies recognized by the court in advance. The charging standards of asset appraisal agencies also vary from place to place.