Dao Hua Marriage and Family Law Firm skillfully resolves marital conflicts, secures high compensation for clients, and maximizes benefits

【Team Case · Marriage and Family Section】"Mediation as the main approach, litigation as the auxiliary," the Daohua Marriage and Family Law Team skillfully applies the "combination of litigation and mediation" method to properly resolve the couple's conflicts, securing substantial property compensation for the parties involved and ensuring the maximum protection of their interests.

Investigating personnel: Lead lawyer Tang Yunhong, Qian Xinxin

Case Summary

In 2013, Mr. Chen and Ms. Zheng met due to work relations. At that time, one was mature and warm, and the other was youthful and beautiful. They got to know and fall in love with each other through their work, and soon thereafter, they established a romantic relationship. They registered for marriage during the first month of the following year.

At the initial stage of their acquaintance, the couple had a good relationship, as close as glue, and they gave birth to a daughter named Chen Jiajia (pseudonym) that same year. After the daughter was born, due to Mr. Chen's busy work schedule and lack of time to care for his wife and daughter, Ms. Zheng returned to her parents' home in Shekou to give birth, taking the opportunity to have her parents help take care of the daughter.

In 2017, the marriage between the two parties first showed signs of cracks, and Madam Zheng, in a fit of anger, took Jiajia back to her parents' home. Mr. Chen also did not make much effort to persuade her to stay, and thus, they began a two-year separation. As a mother, in order to give Jiajia a complete family, Madam Zheng did not choose to divorce, and even allowed her husband to take their daughter out to play alone when he had free time.

In 2019, Madam Zheng chose to take Jiajia back and live with Mr. Chen. However, how could a marriage that had been full of holes easily be restored to its original state? Both parties communicated and expressed that there was no longer love, but in order to give Jiajia a complete family, they still lived under the same roof and referred to each other as husband and wife.

By 2022, the child had grown up, and both parties were really unable to support this marriage that had barely survived for many years. Therefore, Ms. Zheng sought the Dohua Family Law Firm, firmly demanding a divorce from Mr. Chen.

The process of Dào Huá lawyer handling the case

By the end of September 2022, Ms. Zheng entrusted the Daohua Family Law Firm. During the first meeting, Ms. Zheng clearly expressed her intention to divorce firmly, demanded custody of her daughter Chen Jiajia, and proposed to pay alimony exceeding the legal standard for her daughter's better future development. Mr. Tang expressed full understanding of Ms. Zheng's thoughts, stating that the couple's marriage was already in name only, with the husband solely focusing on work and all domestic chores falling solely on Ms. Zheng. As her daughter grew up, the expenses for various interest classes were high. Therefore, in response to Ms. Zheng's request, Mr. Tang and the Daohua Family Law Firm made ample preparations.

The Daohua Family Law Firm conducted a detailed review of Madam Zheng's divorce case. The main joint property is a house purchased by the husband before marriage and repaid during the marriage. Due to the couple's long-term separation, there was also a lack of emotional communication between them. When Madam Zheng sought the help of the Daohua Family Law Firm, she had not considered the value of this house. Therefore, during the lawsuit, in order to help Madam Zheng maximize her interests, Lawyer Tang Yunhong insisted on "mediation as the main approach, litigation as the auxiliary approach." Firstly, it was clarified that Madam Zheng's personal demands were to resolutely divorce, to fight for custody of the daughter, to provide evidence such as photos and videos of her living with the child, bills and records of the child's study and extracurricular tutoring; secondly, while achieving the goal of divorce, it was also requested to give Madam Zheng a favorable consideration in terms of joint property, mainly the appreciation value of the mortgage repayment part of the house during the marriage.

"Hold onto the sand in your hands, and it slips through your fingers. If you can't keep someone, let them go." Tang Lawyer fully understands what a rotten marriage would bring to Ms. Zheng, and during the lawsuit, Tang Lawyer communicated with the mediator and the other party multiple times, explaining the following points: One, the couple has been married for more than a decade, with the early years being very close, and later becoming like strangers, but Ms. Zheng has fulfilled her duties as a wife in life; Two, their daughter Chen Jiajia is now eight years old, and Ms. Zheng has taken good care of her since birth, taking full responsibility as a mother in terms of both life and study, as well as extracurricular tutoring classes. Jiajia herself has also explicitly stated that if her parents divorce, she is willing to live with her mother; Three, Jiajia's grandparents are in Shenzhen and are willing to help Ms. Zheng take care of Jiajia; Four, the eight-year-old Jiajia is currently studying children's English and ballet, with a certain amount of expenditure on interest tutoring each month; Five, the house purchased by Mr. Chen before marriage should be divided equally between Ms. Zheng according to the calculation rules; Six, during the marriage, Ms. Zheng has been busy with household chores and should be compensated economically.

Case outcome

Both parties reached a mediation settlement, a peaceful divorce, with the daughter being under the custody of Ms. Zheng, with child support of 6,000 yuan per month, and Mr. Chen compensating Ms. Zheng 1.2 million yuan.

Dao Hua analysis

Marriage is like drinking water, the warmth and coldness are known to oneself. Marriage is not the romantic wind, flowers, snow, and moon, but the tangible cooking oil, rice, soy sauce, vinegar, tea.

In legal terms, the case itself is not complex. Ms. Zheng's claims are merely for divorce and custody. Mr. Chen himself also agrees to the divorce, but initially, Mr. Chen agreed to pay child support of 3,000 yuan per month and compensation of 100,000 yuan.

After the Dao Hua Family Law Firm got involved, they first filed a case in the People's Court, and then, through communication with the male party and the mediator, they conducted mediation between the parties. Because the emotional foundation between Ms. Zheng and Mr. Chen was quite deep, their daughter Chen Jiajia was sunny and lovely, and Mr. Chen was not an irresponsible person. It's just that their relationship had reached its end, and some things could not be forced.

Under the relentless efforts of the Dao Hua Family Law Firm, the case achieved alimony compensation exceeding the legal judgment standard, from the initial 100,000 yuan to the final 1.2 million yuan compensation. The following experiences are worth learning from:

Article 1079 of the Civil Code stipulates: "If one party of a married couple requests a divorce, mediation may be conducted by relevant organizations or the divorce lawsuit may be directly filed with the People's Court. The People's Court shall mediate in divorce cases; if the marriage has indeed broken down and mediation is ineffective, the divorce shall be granted. If any of the following circumstances exist, mediation shall be ineffective and the divorce shall be granted: (1) bigamy or cohabitation with another person; (2) the implementation of domestic violence or abuse, abandonment of family members; (3) persistent bad habits such as gambling and drug abuse; (4) separation due to disharmony for a full two years; (5) other circumstances that lead to the breakdown of the couple's feelings. If one party is declared missing and the other party files for divorce, the divorce shall be granted. If, after the People's Court has ruled that the divorce shall not be granted, the two parties separate again for a full year and one party files for divorce again, the divorce shall be granted."

In this case, the feelings between the two parties have broken down, and there is no possibility of reconciliation. Both parties acknowledge this, which is the main evidence to prove the breakdown of the couple's feelings and to claim for divorce.

Article 1084 【Parent-child relationship after divorce】The relationship between parents and children shall not be terminated due to the divorce of the parents. After divorce, the children, whether directly cared for by the father or mother, remain the children of both parents. After divorce, the parents still have the rights and obligations of custody, education, and protection of the children. After divorce, children under two years of age shall, as a principle, be directly cared for by the mother. For children who are two years of age or older, if the parents fail to reach an agreement on custody, the People's Court shall make a judgment based on the specific circumstances of both parties, in accordance with the principle of what is most beneficial to the minor children. For children who are eight years of age or older, their true wishes shall be respected.

Daughter Chen Jiajia is now eight years old and has clearly expressed her wish to live with her mother, and her true wishes should be respected. Secondly, in this case, the male party, Mr. Chen, is not a cold-hearted person. His salary income is decent, and he also has a deep affection for his daughter Jiajia. Therefore, Tang Lawyer and the Daohua Family Law Firm moved him with emotion and reason, and in the end, Mr. Chen agreed to pay 6,000 yuan in child support each month, hoping that Jiajia can grow up healthily and happily.

Article 1062 of the Civil Code states that during the continuance of the marriage relationship, the following property acquired by the husband and wife shall be the joint property of the couple, jointly owned by both:

(1) Salary, bonuses, and remuneration for labor.

(2) Income from production, operation, and investment.

(3) Income from intellectual property rights;

(4) Property inherited or gifted, except as provided for in the third item of Article 1063 of this Law.

(5) Other properties that should be jointly owned. The couple has equal rights to handle the joint property.

As for the appreciation of the house, although Ms. Zheng did not repay the mortgage with her own salary, Mr. Chen's salary earned after marriage is also the joint property of the couple, and Ms. Zheng has the right to demand a division. At the mediation center, Tang lawyer insisted on using the calculation standards of the Shenzhen Intermediate Court, and the calculated amount was about 1.4 million yuan. According to the mediation and mutual concessions of both parties, the final amount was set at 1.2 million yuan, which greatly exceeded Ms. Zheng's expectations.

Out-of-case statement

In the long-term marriage relationship, both parties as the subjects of the marriage should put their hearts into managing it. They are not only the parents of the child but also each other's husband and wife. Never forget the original state that should have been maintained due to the passage of time.

In this case of Ms. Zheng, although it is somewhat melancholic that a relationship of more than a decade has come to an end emotionally; from a legal standpoint, the case has already achieved the maximum benefit for Ms. Zheng. During the mediation organized by the judge, Attorney Tang repeatedly stated Ms. Zheng's living conditions and the needs of her daughter Jiajia. Although there was no concrete legal basis, it left a deep impression on the mediation judge and subsequently formed an internal recognition. At the same time, it imposed a certain psychological burden and sense of responsibility on Mr. Chen, which contributed to the final mediation agreement.

Professional, meticulous, patient, achieving a perfect balance between legal principles and emotional logic, accurately controlling the details of the case, starting from the actual situation of the case, and maximizing the interests of the parties within the scope allowed by law. Alleviate the anxiety of the parties, make the parties fully trust the lawyer, accept the suggestions of the Dao Hua Family Law Firm, and make the right choice.

Focusing on resolving major property-related marital and family disputes, handling every divorce case well, and striving for the maximum happiness and benefits for each party involved, is what the Dao Hua Family Law Firm has been consistently working on and persistently pursuing.