One, Case Review

In autumn 2022, Madam Zhou, with a worried expression, came to the reception area of the Guangdong Daohua Law Firm, requesting a face-to-face consultation with the head lawyer of the law firm's marriage lawyer team, Lawyer Tang Yunhong. After expressing her intention, Lawyer Tang received her and learned that:

In 2019, the couple met through blind dates and, considering their age, they quickly got married after knowing each other for half a year.

Not long after the wedding, their child was born. The woman took care of the child in her hometown in Hunan, while the man worked in Shenzhen. Due to the lack of understanding before marriage due to the long-distance relationship, and the failure to establish a marital relationship after marriage, their lives became increasingly monotonous.

In March 2022, the woman brought the child to Shenzhen and lived with the man, and the mother-in-law also came to take care of the child. Unexpectedly, within a month, the conflicts between the mother-in-law and daughter-in-law escalated, making their lives unbearable. After a "family war," the woman decided to divorce, moved out of the house, and officially began to live separately.

In October 2022, Madam Zhou learned about the "Daohua Marriage and Family Lawyer Team of Guangdong Daohua Law Firm ranking third in Guangdong marriage and family law firms" online, and came to Lawyer Tang Yunhong with a reputation.

Two, Focus of Dispute

1. Child Custody: The man may try to gain custody of the child, disagree with the divorce, and wait until the child is 2 years old to handle it.

2. Property Division: The down payment for the house was contributed by the man's mother and brother, totaling 230,000 yuan. The other party may claim that it is a joint debt of the couple. --- In the case of such parental contributions, should it be identified as a gift or a loan? How will the court handle it?

3. Return of Bridal Gifts: The man may propose to return the bridal gifts or divide the gifts with the salary and wedding expenses, totaling 168,000 yuan. --- In the case of the bride price, salary, and wedding expenses, how will the court make its determination? Is it pre-marital personal property or joint marital property?

Three, Case Handling Process

（1）After accepting the委托, Lawyer Tang predicted various responses from the man based on the case:

1. The best response: The man agrees to the divorce, the child custody is awarded to the woman, the house is awarded to the man, and the man provides compensation to the woman, and the woman does not need to return the bride price and wedding expenses.

2. The second best: The man disagrees with the divorce, and no action is taken regarding the child, house, and other matters, pending a second lawsuit.

3. The worst: The man agrees to the divorce, the child custody is awarded to the woman, and the house is not handled, and the bride price and wedding expenses are handled.

（ii）First round of communication and mediation with the male party: The male party expressed agreement to divorce but demanded that custody of the child be awarded to the female party, the house be not dealt with, and the money for the dowry and wedding banquet be returned to the female party. Additionally, the male party requested that the female party repay the funds contributed by his family for the purchase of the house.

（iii）Decisive Litigation: After learning of the male party's attitude, which was firm, the only option was to file for divorce first to maximize property interests. First, determine the claims: file for divorce, custody of the child, and property division; second, apply to the court for investigation and evidence collection, retrieve the male party's salary statements, and demand high alimony and cash division.

（iv）Mediation During Litigation: This case went through the female party's lawsuit being rejected, the male party's lawsuit being rejected, and finally, after both parties filed another lawsuit, mediation was successful, and an agreement was reached. Therefore, during the period before the divorce, the mortgage was paid for by the male party using the joint property of the couple, and the female party was not required to bear the cost. The longer the case drags on, the more detrimental it is to the male party.

Dao Hua Law Firm skillfully utilized this advantage to smoothly reach an agreement.

Four, Case Outcome

The case achieved 100% of the client's demands:

Divorce √ Child Custody √ Alimony √ Property Disposition √ No Return of Dowry √ No Debt Responsibility √

Five, Case Reflections

Recently, the team successfully mediated multiple divorce cases.

Tang Yunhong Lawyer often says: During the mediation process, one deeply understands that divorce disputes not only involve legal issues but also concern the warmth and coldness of human feelings. Through mediation, it can reduce the litigation costs of the parties and better maintain family stability, achieving the unity of legal and social effects.

At the same time, Tang Lawyer pointed out: As a family law attorney, in order to do a good job in divorce mediation, one must patiently listen to the claims of both parties, understand the emotional contradictions of the parties involved, and guide both parties to rationally view the issues from a neutral standpoint. The following points should also be noted during the mediation:

Firstly, have a comprehensive understanding of the case situation, including key issues such as property division and child custody.

Secondly, be good at using communication skills to alleviate the opposing emotions of both parties.

Finally, based on the provisions of the law and the actual situation, propose a reasonable solution.

 （Tang Yunhong Lawyer）

Sixth, Team Introduction

The Dao Hua Family Law Firm has been focusing on ·large-scale property-related family law services for ten years, and is a实战 expert in marriage inheritance and family disputes (mediation/trial). It is one of the influential brands in [Shenzhen local] marriage inheritance and wealth management legal services. The team has handled over 1000 cases of marriage inheritance, and has rich practical experience in mediation and litigation in large and difficult family law cases, inheritance disputes, will drafting, and family property distribution. The team is skilled in handling difficult divorce property division cases, will drafting and notarization, and inheritance disputes involving Shenzhen's small property rights houses, village committee shares, etc., and has won unanimous praise from clients.

Adhering to the concept of “guaranteeing asset security, preventing legal risks, and empowering wealth growth”, the team gathers experts from the legal, banking, insurance, and tax industries, has a wealth of successful cases, and provides a comprehensive solution package for high-net-worth individuals (including Hong Kong, Macau, and foreign nationals) for marriage, family, and wealth inheritance, to achieve the beautiful vision of risk prevention, debt isolation, and family wealth inheritance. Asset types cover: real estate (residential houses, small property rights houses, land use rights, etc.), various property rights and interests (equity, debt, relocation compensation, copyright, invention patents, etc.). The team has completed the compilation of Dao Hua Marriage Inheritance Successful Case Compilation and Legal Practice of Family Wealth Inheritance, and has made outstanding achievements in both legal practice and theoretical research.