Ms. Lin and Mr. Chen met through a blind date and, under the urging of their families, got married without fully understanding each other. Due to the short period of pre-marital cohabitation, their emotional foundation was weak, and marital conflicts gradually emerged: Mr. Chen repeatedly used cold violence to deal with marital disputes, leading to an oppressive family atmosphere and the relationship between the two reaching a freezing point. Ms. Lin tried multiple times to communicate and improve the situation, but all attempts failed, and she finally decided to end this marriage that was in name only. However, the male party firmly refused to divorce and did not take any measures to save the marriage. He also had unclear assets such as Huawei equity under his name. At the same time, both parties had disputes over the division of post-marital property and child support, which added multiple obstacles to the divorce process.

In order to properly resolve the disputes and quickly free herself from the painful marriage, Ms. Lin sought professional legal assistance from Tang Yunhong, a lawyer at Dao Hua Law Firm, hoping to smoothly handle all the issues involved in the divorce while ensuring her and her child's legitimate rights and interests.

II. Case Handling Process

1. Comprehensive review of case details: Focus on the background information of the case and the core demands of the client.

After accepting the委托, the Tang Yunhong legal team further communicated with Ms. Lin, gaining a deeper understanding of her marital status, property ownership, and the intentions of both parties.

During the communication process, the legal team clarified Ms. Lin's core demand of "divorce as soon as possible," as well as the potential needs of "securing child custody, obtaining reasonable financial support, and resolving housing issues": The couple has a 8-year-old child. Ms. Lin gave up her job due to the marriage and currently has limited financial capacity. She not only needs to fight for custody but also needs to resolve the housing issue after the divorce; while Mr. Chen has a low willingness to take custody, he is unwilling to pay full child support and holds a reserved attitude towards property division.

Another aspect that the legal team is focusing on is the need to thoroughly investigate the property situation during the marriage of the male party: The couple jointly purchased a property located in Shekou, Nanshan, Shenzhen, currently valued at 6.25 million yuan, registered in the male party's name, but there is still an outstanding loan of 2.6 million yuan that has not been repaid, and the main borrower of this loan is the female party, with the loan renewal period approaching; in addition, the equity assets held by Mr. Chen as a Huawei employee were not previously disclosed.

Based on this, the legal team preliminarily judges that the three core directions for breaking through the case will be: the division of property, the investigation and division of Huawei equity, and the negotiation of alimony.

2. Formulate the "Litigation Promotes Mediation + Asset Preservation" Strategy: Promote the investigation of Huawei employees' equity, laying the foundation for dispute resolution.

Considering that Mr. Chen firmly refuses to agree to a divorce and avoids asset disclosure, and the deep contradictions between the two parties make direct negotiation difficult to advance, Lawyer Tang Yunhong decided to adopt the strategy of "Litigation Promotes Mediation": Firstly, file a divorce lawsuit with the court to force Mr. Chen to cooperate with asset verification through judicial procedures; secondly, simultaneously apply for asset preservation to prevent Mr. Chen from transferring Huawei equity, real estate, and other joint assets; finally, entrust a professional institution to assist in analyzing Mr. Chen's equity holding situation (including equity type, market value, exercise status), clarifying whether the equity belongs to the joint property of the couple (determined according to the time of acquisition after marriage and the source of capital), providing legal basis for subsequent equity division and alimony calculation.

This strategy not only broke Mr. Chen's "delay tactics," but also secured key asset information such as Huawei's equity through judicial channels, ensuring that Ms. Lin has clear factual support for subsequent negotiations and avoiding potential damage to her rights and interests due to asymmetric asset information.

3. Simultaneous litigation and mediation: Targeted resolution of disputes over Huawei equity division, residential rights in properties, and child support.

During the wait for the court's scheduling, the legal team also actively engaged in dispute resolution efforts, communicating proactively with Mr. Chen, and advancing mediation from multiple dimensions by combining the Huawei equity information and property conditions already in hand:

• Huawei Stock Division: The legal team issued a proof of stock ownership to Mr. Chen, in accordance with Article 1062 of the Civil Code regarding the joint property of married couples, clearly stating that the Huawei stocks (including the increased value) acquired after marriage belong to the joint property and must be divided in accordance with the law. They also proposed two division plans for his choice, namely the "stock valuation compensation" (Mr. Chen paying 50% of the market value of the corresponding stock to Ms. Lin) or "transfer of stock shares" (transferring part of the stocks to Ms. Lin's name), to avoid falling into a long-term lawsuit due to disputes over stock division.
• Property Residence Right and Division: Ms. Lin does not have excessive demands on the ownership of the property, but considering her contributions to the family and future living needs, Ms. Lin hopes to handle the loan transfer procedures, with the male party taking over the subsequent repayment costs. At the same time, she wants to resolve the post-divorce residence issue first. Based on this, the legal team proposed the "priority guarantee of residence rights" plan, which requires Mr. Chen to establish a 2-year residence right for Ms. Lin (covering her transition period for re-employment and housing search) under the premise that the property belongs to Mr. Chen, while Mr. Chen is responsible for the remaining mortgage and handles the loan transfer procedures. In response to Mr. Chen's reluctance to pay the property valuation compensation, Tang Lawyer cited judicial guidance to explain that "even if the property is registered in one party's name, the other party still has the right to obtain valuation compensation as joint property."
• Custody and Child Support: The father has little desire for custody of the child but does not want to bear excessive child support. As the mother, Ms. Lin hopes to provide the child with maximum support, but she herself has given up work opportunities due to the marriage and currently lacks sufficient economic ability to support the child's future educational plans. Attorney Tang Yunhong, from the perspective of "maximizing the child's interests," combined with Mr. Chen's Huawei income (including salary and equity dividends), based on Article 1085 of the Civil Code and relevant judicial interpretations, proposes the claim of "monthly child support of 7,000 yuan + each party bears 50% of large expenses (education and medical expenses exceeding 1,000 yuan)."

According to the wishes of both parties, the legal team has formulated several mediation plans and continuously followed up on the mediation intentions of both parties. After several negotiations and consultations with both parties by Attorney Tang, and after explaining the legal provisions and Ms. Lin's reasonable claims, Mr. Chen's attitude has softened, and finally, the door to协商解决 has been opened. To avoid Mr. Chen's attitude from changing back and forth, the legal team immediately issued a "Draft of Marital Agreement" after the preliminary mediation intentions of both parties were reached, clearly defining the core terms such as the method of dividing Huawei equity, the duration of the right to reside in the property, and the standard of child support, to fix the consensus of both parties in advance and pave the way for the subsequent signing of the divorce agreement.

4.Refine the Agreement Content: Improve Huawei's equity compensation and residential rights clauses to ensure the implementation of the mediation results.

After the marriage agreement is signed, the legal team continues to follow up on the mediation plans and intentions of both parties, actively coordinates the differences between the parties, and further develops a detailed plan based on the marriage agreement.

Regarding Huawei's equity, it is explicitly stated in the agreement that the compensation payment shall be made within 30 days from the effective date of the agreement, the amount (calculated based on the equity market value on the day of mediation), and the late payment penalty (calculated at 2.5 times the LPR), to prevent Mr. Chen from delaying the payment; regarding the residential right to the property, the agreement clearly defines the residential scope (the entire property), the residential term (2 years, starting from the date of divorce registration), and the method of bearing utilities and property fees during the residence (the basic expenses shall be borne by Ms. Lin, and Mr. Chen shall not interfere with the residence without cause). At the same time, the agreement stipulates the time for handling the transfer loan procedures (within 90 days), to ensure that Ms. Lin's residential right is disconnected from the mortgage responsibility.

Moreover, the legal team, considering Ms. Lin's financial situation, supplemented the clause of "children's education fund" in the draft divorce agreement, requiring Mr. Chen to reserve an additional 50,000 yuan from the Huawei equity compensation for subsequent educational expenses of the children, further safeguarding the children's rights and interests. Throughout the drafting process of the agreement, the legal team communicated and adjusted with both parties multiple times, ensuring that the clauses comply with the provisions of the law while fully considering the actual performance capabilities of both parties, to avoid subsequent disputes due to ambiguous clauses.

5.Dual-track Approach to Final Mediation: Scheduled Divorce Registration + Court Mediation, Locking in Huawei Equity and Residence Rights Solutions.

To ensure the smooth implementation of the mediation results, the Tang Yunhong legal team, on one hand, assisted Lin in scheduling the divorce registration, allowing both parties to clarify the ultimate goal of the mediation and reduce psychological concerns; on the other hand, actively contacted court mediators, submitted case materials, and requested the court to intervene and witness the mediation to enhance the legal efficacy of the agreement.

During the mediation process, Tang, as Lin's representative, elaborated on her claims and reasons in detail and responded to Chen's objections, such as "excessive equity compensation" and "residence rights affecting property disposal", one by one. Ultimately, under the witness of the court mediator, both parties reached a consensus, signed the mediation record, and the core disputes were all resolved appropriately.

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