Big Data of Jiali Cases in the year of 2018 to 2019

From January 2018 to December 2018, Beijing Family Law Firm provided free legal counseling on marriage and family affairs for more than 2000 people. It has received more than 500 cases of marriage and family affairs, with the maximum number of individual cases amounting to 1.03 billion.

In the cases of marriage and family affairs undertaken by family management in 2018, non-litigation business accounted for 23.8% and litigation business accounted for 76.2%. Non-litigation business includes marriage agreement drafting,divorce negotiation, pre-court counseling, lawyer witness, performance supervision, litigation guidance and private legal adviser. Litigation business includes divorce disputes, inheritance disputes, maintenance disputes and other disputes caused by divorce, such as child support visits, property ownership confirmation and division, among which divorce litigation accounts for 74.1%.

According to the experience of Jiali in the handling of marital and family affairs cases in 2018, we summarized ten most concerned thematic data, such as the length of divorce, the raise of children, property division, purchase by parents, equity division, marital fault, transfer of property, marital debt and inheritance cases, in order to provide useful reference for you.

[1] The length of divorce: According to the statistics of the Family Law Institute, 58.71% of the parties divorced smoothly within 180 days after entrusting, and 42.29% of the parties divorced more than 180 days after entrusting.

[2] Child-rearing: According to the statistics of the Jiali Law Institute, 72.84% of the only children are raised by their mothers after divorce, only 16.05% of the only children are raised by their fathers, and the mothers have overwhelming advantages in child-rearing.

After divorce, the child support fee is generally over 2000 yuan, accounting for 61.73%, and the self-support rate is as high as 22.22%. The self-support rate of the mother is 5% higher than that of the father.

In terms of visitation rights, only 41.98% of court documents specify the specific way to exercise visitation rights, of which 19.75% of indirect dependents can visit their children once a week.

[3] Property segregation: In divorce lawsuits that Jiali completed, the proportion of cases involving property segregation is the highest, accounting for about 55.04% of all cases, followed by car and cash deposits.

[4] Real estate segmentation: According to the statistics of the Jiali Law Institute, the proportion of divorce lawsuits involving the purchase of house after marriage is about 87.32%, and the proportion of cases involving the pre-marital property is about 12.68%. In the cases involving pre-marital property, most of them are divided into the part of post-marital loan repayment and value-added according to the law, and some cases with agreement are divided according to the agreement.

[5] Parent-funded house purchase: In divorce lawsuits involving property division taken care by Jiali Law Firm, the proportion of cases involving parental-funded house purchase is about 15.49%. Most of these cases are subsidized by parents for the first payment and decoration of married property. Judging from the experience of family lawyers, there are four legal possibilities for parents to invest in house purchasing and register the house under the name of their children: one is to give it to their children; the other is to give it to both husband and wife; the third is to borrow money; and the fourth is to buy a house under the name of borrowing, that is, the real owner of the house is their parents. In the cases involving the purchase of houses financed by parents, the professional response in court trial is very critical.

[6] Share splitting: In divorce lawsuits that Jiali settled, there are not many cases dealing with share splitting, accounting for only 3.88%. Usually, shareholders continue to hold shares and give their spouses corresponding discounts. For the high-value equity formed in marriage, because of the existence of other shareholders, agent, etc., the court will generally request a separate prosecution.

[7] Marriage fault: According to the analysis of the divorce judgment of the first instance in Beijing in 2016 by Jiali Law Institute, it is found that the common causes of divorce are personality incompatibility, separation, habits of life and no emotional basis. Among them, the cases involving personality incompatibility are the most, accounting for 62.96%. Family violence, extramarital affairs and other fault cases are in divorce. Reasons for the lower ranking. Although the amount of compensation for marital fault is not high (generally not more than 100,000 yuan), it will affect the proportion of property division. Jiali lawyers have helped the innocent woman win 70% of the property share.

[8] Transfer of property: According to the statistics of settled cases, it is found that the proportion of cases involving transfer of property is 3.1%, and the transfer methods are bank deposits. It is difficult to prove that the transfer of common property between husband and wife is concealed, but it has been proved that the transferor needs to compensate the other party for 50% discount from the separation period to the commencement of divorce proceedings; during the divorce proceedings, the transferor needs to compensate the other party for 70% discount.

[9] Marital debts: In divorce lawsuits that Jiali settled, the proportion of cases involving debts is about 14.73%, mostly due to the purchase of houses after marriage, of which 3.88% are the creditors of one parent. It is a general trend that Marital debts are more and more strictly recognized and co-signed. Unilateral debt borrowing should be personal debt unless the other party recognizes it afterwards, uses it for co-operation or reasonable daily expenses of the family.

[10] Inheritance cases: Judging from the cases of inheritance received by Jiali Law Firm, the proportion of legal inheritance is 61.11%. Among them, 19.44% involve restructuring family property struggle, 19.44% involve reverse inheritance, 5.56% involve inheritance of children born out of wedlock, 16.67% only involve siblings property struggle, and the proportion of testamentary inheritance is 38.89%, among which testamentary inheritance accounts for 19.44%. The ratio was 27.78%, and the proportion of bequest inheritance was 11.11%.

The professional vision of the Jiali law firm is "only for the happiness of the family". Therefore, we believe that professional accomplishment is the basic skill of the marriage and family lawyers. More importantly, we should pay attention to the emotional demands of all parties, learn to cooperate empathically, help all parties alleviate contradictions, repair relations, restore trust, and work hard to do so. Dedicated to Family Happiness.