Dao Hua Case Analysis | Party in Hong Kong Divorce Dispute Finally Reaches Mediation Agreement, Peaceful Separation

Case Summary:

Both parties are mainland Chinese. They went to Hong Kong together in 2011 to get married and had two daughters together after marriage. In 2021, due to constant disputes over trivial matters and continuous arguments, the couple's relationship deteriorated, which was very不利于 the children's growth and led to the thought of divorce. Unable to go to Hong Kong for divorce due to the pandemic, the woman found our team to decide to file for divorce.

Focus of the Case Dispute:

1. Can the parties file for divorce in mainland courts now that they were married in Hong Kong?

2. Is there a specific mediation space in this case, and is there an effective mediation plan to ensure that the parties reach a divorce agreement?

Case Trial Process:

Due to the involvement of Hong Kong and the impact of the pandemic, the parties have a strong desire to divorce in mainland China. After accepting the委托, the Dahuahua Marriage Lawyers, through the marriage database established by the Dahuahua Marriage and Family Research Center, first handled the corresponding notarization procedures in Hong Kong for the client, and after obtaining the notarization documents, filed a formal lawsuit in the Longgang Court in Shenzhen according to the client's wishes. During the pandemic, the case was successfully transferred to the jurisdiction of the mainland court. In the end, the case was successfully mediated and the couple formally divorced.

Judgment Results:

1. The marriage relationship between the plaintiff and the defendant is dissolved.

2. The plaintiff and the defendant each have custody of one of the legitimate daughters, and the child support is borne by each party.

3. Both parties jointly confirm that the property under their own names belongs to them.

4. Both parties jointly confirm that the claims they enjoy in their own names belong to them, and the debts they incur in their own names are borne by them.

Attorney Analysis:

What to mediate in divorce mediation and how to mediate?

As the primary issue that lawyers face in divorce disputes, grasping the balance point of marriage relationship mediation and capturing the mediation willingness of the parties in their factual statements is particularly important. The Dahuahua Marriage and Family Lawyers have extensive experience in handling the mediation balance point of marriage relationships and the sensitivity in capturing the mediation willingness of the parties in the many divorce cases they have handled.

From the progress of the mediation in this case, after understanding the basic marriage facts of both parties and communicating with the client multiple times, the Dahuahua lawyers keenly captured the starting point of the mediation. Considering the fact that both parties have been married for 10 years and have two daughters together, the main point of contention between the two parties is mainly focused on the custody of the two children, and there is no major dispute over the division of property and the division of claims and debts.

In view of this, the Dahuahua marriage lawyers formulated a targeted mediation plan and actively communicated with the man, explaining the significance of the mediation plan for all parties. At the same time, they actively contacted the judge to ensure the mediation space and strive to resolve the case in the most optimal way for both parties and the children. Finally, under the guidance of the court, the two parties sat down face to face for mediation. With the tireless efforts of the Dahuahua lawyers, the two parties finally signed the mediation agreement, and the parties' claims were successfully met, and the case was resolved smoothly.

Whether it is to start or end a marriage relationship, the human feelings, ethics, and economy involved are intertwined and complex. The Dahuahua Marriage and Family Lawyers accept the trust of each client, face each case, and rely on the Dahuahua Marriage and Family Research Center and the marriage database to conduct special case research and analysis on the specific details involved in the case, starting from the interests of the parties, strive to seek the maximum interests of the parties, and formulate corresponding case plans, committed to solving the marriage difficulties of the parties and lighting the light of happiness.