Divorce lawyer and client "minutes of talks" model

  • Created:
  • / Author: Aaron Lewis

   Background: Lee Ms. P long to live alone in a foreign country, the spouse in the Shanghai, both sides out of touch for years. At the end of 2008, Lee P to cure, also want to divorce proceedings. The children have adult, is located in Shanghai's share has been relocated, Lee P is willing to give up his own 844000 share. The author in the trust, Lee P can not provide the spouse at home address, telephone, identity card number and other information, can not speak in detail for both problems in the marital relationship continues to exist in, and the show will go abroad in the near future can not participate in the trial, according to the client, lawyers feel the risk is very big, he decided to accept the entrustment before signing the "minutes of talks," Lee and MS. P, specifically commissioned transaction risk and the rights and obligations of both parties.

 

 

 

Minutes of talks

 

Time:    Years   Month  Day       Place:                    

To meet with a lawyer:             The presence of people:                 Record:           

Interviewee:                                             

 

Lawyer.A divorce case the plaintiff even commissioned agent, should I personally appear.
Because of divorce or not is the major problem that relates to personal rights, shall I make, even if the plaintiff hired a lawyer as agent, and special authorization to lawyers, lawyers are only part of the property right to dispose of representative, is a lawyer shall not have the right to dispose of the status of relations. If the plaintiff did not appear in court, the court will be withdrawing treatment. 6 months after withdrawal, the plaintiff is not entitled to the same reason to sue divorce (divorce agreement and the defendant Sue divorce can).

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Lawyer.The objective reason is reasonable and does not appear in court, must submit a written opinion.
Provisions of the criminal procedure law of sixty-second civil: "divorce case of an agent ad litem, except those incapable of expressing themselves, is still out in court, did not appear in court because of special circumstances, should submit written opinions to the people's court." Special circumstances generally refers to the seriously ill, unable to appear in court because of natural disasters and other objective reasons.

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Lawyer.The counterclaim defendant in a divorce case, the plaintiff is absent, the default judgment.
Provisions of the criminal procedure law of 129th civil: "the plaintiff having been served with a summons, refuses to appear in court without proper reason, or without the court allowed to withdraw from, according to withdraw treatment, defendant, may make a judgment by default".

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Lawyer.The absence of party rights relief and protection: no matter the absence side is indeed not obtain divorce proceedings the court information, or malicious evasion, as long as the absent party thinks that property segmentation errors, or the child custody dispute, or on the debt ratio or absent, Fang Dou can property and children filed a complaint, the request to segmentation property and the change of custody or absent; re filed a lawsuit, request to re division of property or change of custody. But in the divorce court and judgment has been in force, absent party may divorce filed retrial.

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Lawyer.A special agent with the general agent of civil litigation in. Special agent is entrusted to special authorization, in most cases, the principal may not appear in the proceedings (divorce litigation case is an exception). Therefore, special agent must be familiar with the case, or the court in the investigation stage, special agent deny all knowledge of an event, the case will not be able to find out, in this case, of course, would require the client to personally appear in court. Can you guarantee in the court can personally go to trial?

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Lawyer.If you go abroad workers and other objective reasons, unable to appear in the proceedings, hope you can go to court and lawyers, and the objective situation and judge your full communication made the judge agreed, agree with you to book form will the true meaning of handling your marital relationship between problems and decision divorce and child support, division of property and other aspects of the representation form of written materials, provided to the lawyer, written materials and may not conceal the real situation, and shall not provide false information, otherwise, should bear the corresponding legal consequences.

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Lawyer.Common property about marriage, because you claim to your people in the common property (mainly Housing Units compensation) a compensation part of money demand as may be required by the defendant, and only by this amount of compensation, the lawyer several times that you need to provide evidence that you have the number of property and the property, but failed to provide your personal reasons, the plaintiff shall be his burden of proof in court in accordance with the application, or authority may need evidence, and the judge specific communication, if not the evidence, you may bear the adverse legal consequences which can not provide proof materials, especially in the the defendant counterclaim cases.

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Lawyer.If you still have what doubt, please consult a lawyer to answer.

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