Case Outcome

The case was settled through mediation, resulting in a peaceful divorce. The daughter is under the custody of Ms. Zheng, with a monthly alimony of 6,000 yuan, and Mr. Chen compensates Ms. Zheng 1.2 million yuan RMB.

Daohua Analysis

Marriage is like drinking water, hot or cold, known to oneself. Marriage is not romantic flowers and snow, but the reality of cooking, rice, salt, soy sauce, vinegar, and tea.

From a legal perspective, the case itself is not complex. Ms. Zheng's demands are simply for divorce and custody. Mr. Chen also agreed to divorce, but initially, he agreed to pay a monthly alimony of 3,000 yuan and a compensation of 100,000 yuan.

After the intervention of the Daohua Marriage and Family Law Team, they first filed a lawsuit in the People's Court and then communicated with the other party and the mediators to mediate among the parties. Because the emotional foundation between Ms. Zheng and Mr. Chen was deep, their daughter Chen Jiajia was sunny and lovely, and Mr. Chen was not an irresponsible person. However, their feelings had reached the end, and some things could not be forced.

Under the relentless efforts of the Daohua Marriage and Family Law Team, the case achieved a standard of alimony exceeding the legal judgment, from the initial 100,000 yuan to the final 1.2 million yuan compensation, with the following points worth learning from:

One, Article 1079 of the Civil Code stipulates: “If one party to a marriage requests a divorce, it may be mediated by relevant organizations or filed directly with the People's Court. The People's Court shall mediate in divorce cases; if the feelings have indeed been broken, and mediation is ineffective, the divorce shall be granted. If any of the following circumstances occur, mediation shall be ineffective and the divorce shall be granted: (one) bigamy or cohabitation with another person; (two) the implementation of domestic violence or abuse or abandonment of family members; (three) having gambling, drug abuse, and other bad habits that are not corrected after repeated teaching; (four) separation due to lack of feelings for two years; (five) other circumstances that lead to the breakdown of the marriage. If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted. If the People's Court rules that the divorce shall not be granted and the parties separate again for one year, the divorce shall be granted again.”

In this case, the feelings between the two parties had broken down, and there was no possibility of reconciliation, which was recognized by both parties, and this was the main evidence to prove the breakdown of the marriage and the claim for divorce.

Two, Article 1084 of the Civil Code [Parent and Child Relationship after Divorce] stipulates: “The relationship between parents and children shall not be terminated due to the divorce of the parents. After the divorce, regardless of whether the child is directly cared for by the father or mother, the child shall still be the child of both parents. After the divorce, the parents shall still have the rights and obligations of custody, education, and protection over the child. After the divorce, if the parents cannot reach an agreement on custody for children under two years of age, the People's Court shall decide according to the specific circumstances of both parties, in accordance with the principle that is most favorable to the minor child. If the child is over eight years old, the real wishes of the child shall be respected.”

Daughter Chen Jiajia is now eight years old and has clearly expressed her wish to live with her mother. Secondly, in this case, Mr. Chen is not a cold-hearted person. He has a decent income and also has a deep affection for daughter Jiajia. Therefore, Lawyer Tang and the Daohua Marriage and Family Law Team used emotional and rational arguments, and finally, Mr. Chen agreed to pay 6,000 yuan in alimony each month, hoping that Jiajia could grow up healthily and happily.

Three, Article 1062 of the Civil Code stipulates: “The following property acquired by the couple during the marriage relationship shall be considered joint property and owned by both parties: (one) wages, bonuses, and remuneration for labor; (two) income from production, operation, and investment; (three) income from intellectual property rights; (four) inherited or gifted property, except for the provisions of the third item of Article 1063 of this Law; (five) other property that should be jointly owned. The couple shall have equal rights to dispose of the joint property.”

Regarding the appreciation of the house, although Ms. Zheng did not use her own salary to repay the mortgage, the wages earned by Mr. Chen after marriage are also part of the joint property of the couple, and Ms. Zheng has the right to request a division. At the mediation center, Lawyer Tang insisted on calculating according to the calculation standards of the Shenzhen Intermediate Court, with the amount calculated being approximately 1.4 million yuan. Through the mediation and mutual concessions of both parties, the final amount was set at 1.2 million yuan, which far exceeded Ms. Zheng's expectations.

Outside the Case

In the long-term marriage relationship, both parties as marriage parties should take care to manage it. They are not only the parents of the child but also each other's husband and wife. They should not forget the original appearance because of the passage of time.

Ms. Zheng's case, although it is regrettable that the ten years of feelings have come to an end, from a legal perspective, the case has achieved the maximum benefit for Ms. Zheng. Lawyer Tang repeatedly stated Ms. Zheng's living conditions and the needs of daughter Jiajia during the mediation organized by the judge, although there is no actual legal basis, but it has left a deep impression on the mediation judge and formed an internal recognition. At the same time, it has caused a certain psychological burden and sense of responsibility to Mr. Chen, and the trend of reaching the final mediation plan.

Professional, detailed, patient, a perfect balance of law and sentiment, accurate control of case details, starting from the actual situation of the case, and maximizing the interests of the parties within the scope allowed by the law. Alleviating the anxiety of the parties, allowing the parties to fully trust the lawyer, accept the advice of the Daohua Marriage and Family Law Team, and make the correct choice.

Focusing on resolving major property-related marriage and family disputes, handling every divorce case, and striving for the maximum happiness and benefit for each party are the things that the Daohua Marriage and Family Law Team have been working hard to do and have been committed to for a long time.