01 Case Review

Here is a successful case handled by Lawyer Tang Yunhong of the Dohua Family Law Team at the Guangdong Dohua Law Firm, with all characters anonymized.

Plaintiff Mr. Wu learned about Lawyer Tang Yunhong's focus on handling marriage, family, and inheritance cases, with over a decade of professional experience, through a friend's introduction. He then found Lawyer Tang Yunhong and entrusted him with handling this case. The claims were: divorce, to seek custody of the two daughters and alimony, property division, and vehicle division.

02 Key Issues of Dispute

1. How to handle the situation where the defendant, the female party, does not agree to divorce in the first divorce lawsuit?

2. How to decide on the custody of the two legitimate daughters during divorce? What is the standard for alimony?

3. How to divide the property in Dongguan during divorce?

4. How to divide the vehicle in Shenzhen during divorce?

03 Case Handling Process

After accepting the委托, the Chief Lawyer of the Dohua Family Law Team, Tang Yunhong, immediately began working on the case:

Step 1: Carefully sort out the case materials and tailor a lawsuit plan

Lawyer Tang Yunhong will carefully review all types of materials related to the case, from the marital status and property details of both parties to the custody situation of the children, without missing any details. Through comprehensive and in-depth analysis, combined with legal provisions and past successful cases, a tailor-made lawsuit plan is created for the party to ensure a favorable position in the subsequent legal procedures.

Step 2: Efficiently submit the court's divorce lawsuit

After completing the plan, Lawyer Tang quickly prepares all legal documents and accurately submits the divorce lawsuit application to the court with jurisdiction. During this process, strict adherence to legal procedures ensures the completeness and standardization of the submitted materials, to accelerate the progress of case acceptance.

Step 3: Professionally lead the court mediation

The mediation session is crucial. Lawyer Tang, with excellent communication skills and negotiation techniques, guides the parties to rational dialogue. Supported by professional legal knowledge, he strives to maximize the protection of the party's legitimate rights and interests, resolve conflicts and differences, and seek a solution acceptable to both parties.

Step 4: Precisely promote property valuation

This case involves the issue of property division, and Tang Lawyer has applied for the involvement of a professional and authoritative property valuation agency. To ensure the fairness and transparency of the valuation process, based on market conditions and the actual property situation, an accurate and reasonable valuation price is provided, which serves as a strong basis for the subsequent property distribution.

Step 5: Full Effort to Ensure Judgment Execution

Once the court judgment is issued, Tang Lawyer closely follows the execution of the judgment. Actively communicate and coordinate with relevant departments to ensure that the rights and interests of the parties are effectively enforced, so that the legal judgment does not become just a piece of paper.

04 Case Outcome

Through the efforts of the Tang Yunhong Lawyer Team of the Daohua Family Law Firm, the case was successfully resolved, assisting the party in obtaining a divorce and the ownership of the property.

05 Tang's Legal Perspective

Tang Yunhong Lawyer points out: As a divorce lawyer, every case I take on, I feel the heavy responsibility of reshaping others' lives. This time, the assistance to the party in successfully obtaining a divorce and the ownership of the property was not an easy path. In the maze of law, with professional knowledge and experience, we unravel the key evidence, uphold the position of justice in the courtroom, and not only fight for the divorce and property ownership, but also protect the legitimate rights and interests and future lives of the parties. When the moment of victory comes, seeing the renewed hope in the client's eyes, I deeply realize that I am not only a practitioner of law, but also a dream builder who builds a new starting point in the shattered lives of the parties, using the power of law to turn the page of their lives into a new chapter.

(Tang Yunhong Lawyer)

06 Relevant Laws and Regulations Involved

1. Divorce:

Article 1079 of the Civil Code: In any of the following circumstances, where mediation is ineffective, divorce shall be granted:

(I) Bigamy or cohabitation with another person;

(II) The implementation of domestic violence or abuse, or abandonment of family members;

(III) Habitual indulgence in vices such as gambling and drug abuse, and failure to reform despite repeated education;

(IV) Separation due to disharmony in feelings for a full two years;

(V) Other circumstances that lead to the breakdown of the marriage. If one party is declared missing and the other party files for divorce, divorce shall be granted.  If after the People's Court has ruled that divorce is not granted, the parties are again separated for a full year and one party files for divorce again, divorce shall be granted.

After the People's Court has ruled that divorce is not granted, if both parties are again separated for a full year and one party files for divorce again, divorce shall be granted.

2. Custody of Children:

Article 1084 of the Civil Code: The relationship between parents and children shall not be terminated due to divorce. After divorce, children, whether directly cared for by the father or mother, remain the children of both parents. After divorce, parents still have the rights and obligations of custody, education, and protection over their children.

After divorce, children under two years of age shall generally be cared for directly by the mother. For children over two years of age, if the parents cannot reach an agreement on custody, the People's Court shall decide according to the specific circumstances of both parties, in accordance with the principle of what is most beneficial to the minor children. Children who are over eight years of age shall have their genuine wishes respected.

Article 46 of the Interpretation of the Supreme People's Court: For children over two years of age, if both parents demand direct custody and one party has any of the following circumstances, priority may be given:
(I) Has undergone sterilization surgery or is unable to reproduce for other reasons;
(II) The child has lived with one party for a longer period of time, and changing the living environment would be obviously detrimental to the child's healthy growth;
(III) Has no other children, while the other party has other children;
(IV) The child has lived with one party, which is beneficial to the child's growth, while the other party has a chronic, incurable infectious disease or other serious illness, or has other circumstances that are detrimental to the child's physical and mental health and is not suitable to live with the child.

Article 47: If the conditions for the parents to raise their children are basically the same, and both parties demand direct custody of the children, but the children have lived separately with their grandparents or great-grandparents for many years, and the grandparents or great-grandparents wish to and are able to help care for their grandchildren or great-grandchildren, this may be considered as a priority condition for the parent to directly care for the children.

3. Child Support:

Article 1084 of the Civil Code: After divorce, if the children are directly cared for by one party, the other party shall bear part or all of the child support. The amount and duration of the support shall be agreed upon by both parties; if an agreement cannot be reached, the People's Court shall decide.

The agreement or judgment stipulated in the preceding paragraph shall not prevent the children from making reasonable requests for an amount exceeding the original agreed or judged amount when necessary.

Article 49 of the Interpretation of the Supreme People's Court on the Civil Code on Marriage and Family Law: The amount of child support may be determined based on the actual needs of the children, the financial burden capacity of both parents, and the actual living standards of the local area.

For individuals with a fixed income, alimony is generally paid at a percentage of 20% to 30% of their monthly total income. For those supporting two or more children, the percentage may be appropriately increased, but generally should not exceed 50% of the monthly total income.

4. Division of Joint Property of Husband and Wife:

Article 1062: The following property acquired by husband and wife during the existence of their marital relationship shall be considered as joint property of the husband and wife, and shall be jointly owned by them:

(1) Salaries, bonuses, and remuneration for labor;

(2) Profits from production, operation, and investment;

(3) Profits from intellectual property rights;

(4) Property inherited or gifted, except as provided in paragraph 3 of Article 1063 of this Law;

(5) Other property that should be jointly owned.

The husband and wife have equal rights to dispose of the joint property.

Article 1063: The following property shall be considered as the personal property of one of the husband and wife:

(1) The personal property of one party before marriage;

(2) Compensation or compensation received by one party for personal injury;

(3) Property designated to one party only in a will or gift agreement;

(4) Personal household articles used exclusively by one party;

(5) Other property that should be the personal property of one party.

Article 1087 of the Civil Code   At the time of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement between the parties; if the agreement cannot be reached, the People's Court shall decide according to the specific circumstances of the property, adhering to the principle of protecting the rights and interests of the children, the wife, and the innocent party. The rights and interests of the husband or wife in the household land contracting operation shall be protected in accordance with the law.

06  Team Introduction

Dahua Family Law Firm, specializing in ·marriage and family legal services related to large-scale property for ten years, expert in marriage inheritance and family disputes (mediation/trial), is one of the influential brands in [Shenzhen] for marriage inheritance and wealth management legal services.

Team has handled over 1000 cases of marriage and inheritance, and has extensive mediation and litigation experience in the resolution of major and complex marriage and family disputes, inheritance disputes, will drafting, and family property distribution, etc. Utilizing local wisdom, the team is skilled in handling Shenzhen small property rights houses, village committee shares, and other difficult divorce property division, will drafting and notarization, and inheritance disputes cases, winning unanimous praise from clients.

Adhering to the philosophy of "ensuring asset security, preventing legal risks, and empowering wealth growth", the team assembles experts from the legal, banking, insurance, and tax industries, with a wealth of successful cases, providing a comprehensive package of solutions for marriage, family, and wealth inheritance for high-net-worth individuals (including Hong Kong, Macau, and foreign nationals), to achieve the beautiful vision of risk prevention and control, debt isolation, and family wealth inheritance.

Asset types cover: real estate (commercial housing, 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 "Daohua Marriage and Inheritance Successful Case Compilation" and "Legal Practice of Family Wealth Inheritance", achieving outstanding results in both legal practice and theoretical research.