Dowah Case Analysis | The parties in the Hong Kong divorce dispute finally reach a mediation agreement, parting amicably

Case Summary:

Both parties are mainland Chinese, they went to Hong Kong together in 2011 to get married and have since had two daughters. In 2021, due to daily trivial disputes and continuous arguments, their marital feelings gradually deteriorated, which was very detrimental to the children's growth, and they had the idea of divorce. Due to the pandemic, they were unable to go to Hong Kong for a divorce, and the woman found this team to decide to file for divorce.

The focal point of the case dispute:

1. Did the parties register their marriage in Hong Kong initially, and can they file for divorce in the mainland courts now?

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

Case trial process:

Due to the case involving Hong Kong and the impact of the epidemic, the parties have a strong desire to divorce in mainland China. After accepting theentrustment, the Dahu Marriage Lawyer, through the marriage database founded by the Dahu Marriage and Family Research Center, first handled the corresponding notarization procedures for the client in Hong Kong. After obtaining the notarization documents, the case was officially filed in the Longgang Court of Shenzhen according to the client's wishes. During the epidemic, the case was successfully transferred to the jurisdiction of the mainland court. In the end, the case was successfully mediated, and the two parties formally divorced.

Judgment result：

The plaintiff and the defendant terminated their marital relationship.

2. The plaintiff and the defendant each support a legitimate daughter, with the child support borne by each party.

3. Both parties jointly confirm that the properties under their own names belong to them.

4. Both parties jointly confirm that the debts owed in their own names shall be borne by themselves, and the debts incurred in their own names shall be borne by themselves.

Lawyer analysis:

What should be mediated in a divorce mediation, and how should it be done?

As the primary issue that lawyers face in divorce disputes, mastering the scheduling of divorce mediation is particularly important. The Daohua Family Law Firm has extensive experience in handling numerous divorce cases, with a keen sense in grasping the balance point of marital relationship mediation and in capturing the mediation intentions of the parties in their factual statements.

From the progress of the mediation in this case, after understanding the basic marital facts of both parties and communicating with the client multiple times, the lawyer at Dao Hua Law Firm 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 them is mainly centered around the custody of the two children. There is little dispute over the division of property and the division of debts and liabilities.

In view of this, the Dao Hua marriage lawyer formulated a targeted mediation plan and actively communicated with the male party, explaining the significance of the mediation plan for all parties. At the same time, the lawyer actively contacted the judge to ensure the mediation space and strive to resolve the matter in the best way for both parties and the child. Ultimately, under the guidance of the court, the two parties sat down face to face for mediation. With the relentless efforts of the Dao Hua lawyer, the parties finally signed the mediation agreement, and the party's claims were successfully met, and the case was resolved smoothly.

Whether it is to start or end a marriage relationship, the human emotions, ethics, and economics involved are intertwined and complex. Accepting the trust of each party, facing each case, the Dao Hua Family Law and Matrimonial Lawyers Team, relying on the Dao Hua Family Law and Matrimonial Research Center and the marriage database, conducts special case discussions on the specific details of each case, analyzes case by case, and strives to seek the maximum benefit for the parties involved from their interests, while also formulating corresponding case plans, dedicated to solving the marriage difficulties of the parties and lighting the light of happiness.