Overseas Divorce Dispute, Tang Yunhong Lawyer Assists in Mediation and Reaches Consensus, Drafts Divorce Agreement, Obtain Divorce Certificate within Three Months

Introduction:Mr. Lu registered his marriage with Ms. Zhang at the Civil Affairs Bureau of Futian District, Shenzhen in 2009, and after marriage, the couple had three children. Starting in 2018, due to work reasons, Ms. Zhang has been living abroad for a long time, resulting in the couple being separated for 5 years. The long-term separation has been extremely detrimental to the communication of the couple's feelings and the growth of the minor children, eventually leading to the complete breakdown of the couple's relationship. However, as Ms. Zhang is still abroad, how to divide the property, how to allocate custody of the children, and how to handle the divorce procedures are all thorny issues. In this situation, Mr. Lu sought legal assistance from the Daohua Family Law Firm, hoping to resolve all issues between the couple in one go. After the lawyer Tang Yunhong from the Daohua Family Law Firm got involved, she quickly helped Mr. Lu solve the divorce difficulties through a "mediation-first, litigation-assisted" approach, successfully helping him divide the joint property of the couple and reasonably allocate custody of the children.

Keywords:Overseas divorce, Shenzhen marriage lawyer, divorce property division, rapid dissolution of marriage relationship

One, Case Review

Mr. Lu registered his marriage with Ms. Zhang at the Civil Affairs Bureau of Futian District, Shenzhen in 2009. After marriage, the couple had three children. Starting in 2018, due to work reasons, Ms. Zhang has been living abroad for a long time, resulting in the couple being separated for 5 years. The long-term separation has been extremely detrimental to the communication of the couple's feelings and the growth of their minor children, ultimately leading to the complete breakdown of their marriage. Mr. Lu hopes to conclude the divorce procedures as soon as possible in order for both parties to better work and live and for the children to have a healthy growth environment. However, as Ms. Zhang is still abroad, the couple cannot go to the Civil Affairs Bureau together to agree on a divorce. In this situation, issues such as property division, custody of the children, and how to handle the divorce procedures are all thorny problems.

In this situation, Mr. Lu sought legal assistance from the Daohua Family Law Firm, hoping to resolve all issues between the couple in one package.

The case involves multiple issues such as cross-border divorce, property division, custody, and child support, with a complex situation and significant disputes between the parties.

1Multiple properties under the names of the couple have led to disputes over distribution.

Mr. Lu and Ms. Zhang currently own five houses, two in Futian District as ordinary commercial housing, one in Nanshan District as a high-rise elevator apartment, and two in Luohu District as ordinary commercial housing. There is a significant difference in the value of the five houses. During the negotiation of property division for their divorce, the two parties had a disagreement over the division of the houses, could not reach an agreement, and this also posed obstacles to the handling of their divorce procedures.

Ms. Zhang believes that the child should be awarded to her for custody, hoping to share more of the house with her child, and that the luxury apartment should be hers. Mr. Lu, on the other hand, believes that even if the child is awarded to Ms. Zhang, he will still have to pay child support monthly, so he disagrees with giving the luxury apartment to Ms. Zhang, and both parties are at odds over this.

2The custody of the three children is in dispute, and there is an unresolved argument over the amount of child support.

Mr. Lu and Ms. Zhang had three children after marriage, two boys and one girl, all under the age of majority. The distribution of custody of the three children became a difficult problem. According to Article 1084 of the Civil Code of the People's Republic of China: "After divorce, children under the age of two shall be primarily cared for by the mother. For children over the age of two, 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 that is most favorable to the minor children. For children over the age of eight, their true wishes shall be respected." Initially, Mr. Lu agreed to entrust the care of all three children to Ms. Zhang, but Ms. Zhang demanded that Mr. Lu pay 50,000 yuan in child support per child per month, totaling 150,000 yuan per month, which Mr. Lu found unaffordable. Ms. Zhang believed that Mr. Lu, who runs his own company and is very busy, does not have time to care for the family and the children, and therefore the children should be under her custody. She believes she can provide a better growth environment for the children, and since the children attend private schools, which are expensive, without a substantial amount of child support, it would be impossible to cover their daily expenses.

During the communication process, Ms. Zhang criticized Mr. Lu's past actions, which eventually led Mr. Lu to believe that Ms. Zhang harbored deep resentment towards him and would not establish a good father figure in front of their child. As a result, Mr. Lu refused to accept Ms. Zhang's opinions on custody and child support.

3The woman is overseas and refuses to return to handle the divorce procedures, making the divorce a difficult issue.

Both parties had considered signing a divorce agreement to divorce by agreement, but a divorce by agreement requires both parties to personally apply and be reviewed by the Civil Affairs Bureau to ensure the legal effectiveness of the divorce agreement and the rights and interests of both parties. Moreover, during the application and review process at the Civil Affairs Bureau, both parties should actively cooperate to ensure the smooth progress of the process. After the implementation of the "Divorce Cool-off Period" by the state in 2021, both parties need to first apply for registration of divorce at the Civil Affairs Bureau, and then both parties will go to the Civil Affairs Bureau to pick up the divorce certificate one month later. The introduction of the new policy undoubtedly adds obstacles to the divorce of the two. According to Article 1079 of the Civil Code of the People's Republic of China: "If one party of the couple requests a divorce, it can be mediated by relevant organizations or directly filed for divorce litigation in the People's Court. The People's Court shall mediate in divorce cases; if the feelings have indeed been broken and the mediation is ineffective, the divorce should be granted. If any of the following circumstances occur, the mediation shall be ineffective and the divorce should be granted: (1) bigamy or cohabitation with others; (2) the implementation of domestic violence or abuse, abandonment of family members; (3) having bad habits such as gambling and drug abuse that are not corrected after repeated education; (4) separation due to disharmony in feelings for two years; (5) other circumstances that lead to the breakdown of the couple's feelings."

Litigation divorce requires a court judgment and both parties must appear in court in person. How to quickly divorce through these two methods also greatly increases the difficulty of handling the case.

In addition, Ms. Zhang has been living abroad for work reasons for many years and has refused to return to China to handle the divorce, and both parties have not yet reached an agreement on the divorce matters, making the divorce seem to be a distant prospect.

Three, Daohua lawyer intervenes in case analysis, "mediation as the main approach, litigation as the auxiliary," to promote a peaceful separation.

1. The lawyer at Dao Hua found that the high-end apartment in Nanshan District and the residential property in Luohu District were purchased with full personal funds by Mr. Lu before marriage. It was only because the houses were under construction that they were handed over for occupancy and the property certificates were issued after marriage. Mr. Lu used his savings after marriage to renovate the house and purchase furniture and appliances. Although the actual delivery of the house and the registration of the property rights occurred after marriage, this was only the seller's unilateral fulfillment of obligations. The down payment Mr. Lu paid before marriage only changed in form after marriage, becoming the property rights of the house, and the house should still be Mr. Lu's personal property. In this situation, the lawyer at Dao Hua found an important bargaining chip for communicating and negotiating with Ms. Zhang, using this as a breakthrough to deepen the communication and negotiation efforts with Ms. Zhang.

2、In this case, although the three children are just over two years old, they have been living with Ms. Zhang for a long time. Mr. Lu is very busy with work and lacks time to care for the children. After communication with Dao Hua lawyer and Mr. Lu's own consideration of the pros and cons, he agreed to allow Ms. Zhang to raise and care for the three children, but he must have the freedom to see the children. As for the amount of child support, Mr. Lu cannot accept the amount of 50,000 yuan per child per month. Although he runs a company, the monthly child support of 150,000 yuan also puts some pressure on him. Dao Hua lawyer negotiated with Mr. Lu about the amount of child support in exchange for his concession on the custody of the children, hoping to reduce the amount of child support. Ms. Zhang was very happy to obtain custody of the three children, and the actual expenses for the children do not require 50,000 yuan per month. After calculating the actual expenses for the children and communicating with both parties, the amount of child support per child per month was ultimately reduced to 20,000 yuan.

3、The real divorce process usually takes a long time. If the other party does not agree to divorce and there is no legal reason for a divorce judgment, it is basically not granted on the first trial. To divorce, one must go through a second lawsuit. This trial period is estimated to be one to one and a half years, which is very normal. Moreover, the Shenzhen courts have a large number of cases, and there are not a few cases that take two to two and a half years to resolve.

So, how to quickly handle the divorce procedures became the primary challenge. First, the lawyer Dao Hua quickly drafted a divorce agreement based on the results of the preliminary negotiations between the two parties to ensure that both agreed to the divorce. In the absence of any disputes regarding the divorce matters, Lawyer Dao Hua communicated with the judge, explaining the situation where the female party was overseas and unable to return to the country, and hoping to mediate the divorce through online cloud hearings. In this case, after Lawyer Dao Hua's communication and mediation, both parties had reached an agreement on the division of joint property, debts and liabilities, as well as custody and child support. Lawyer Dao Hua had also drafted the divorce agreement. The judge could directly draft a civil mediation document based on the divorce agreement. With Lawyer Dao Hua's meticulous preparation in advance, the judge agreed to conduct an online hearing after confirming the true intentions of both parties, in order for the two parties to divorce smoothly.

Four, Daohua lawyer achieves the client's demands, assists the client in obtaining the divorce effectiveness certificate within three months

Under the mediation of Daohua Family Law Firm, Mr. Lu and Ms. Zhang reached an agreement on the divorce matter. With the online hearing conducted by the judge of Futian District People's Court, Mr. Lu and Ms. Zhang were able to smoothly "attend" the trial. During the trial, both parties confirmed their agreement to distribute according to the terms of the Daohua lawyer's divorce agreement. The properties under each party's name belong to each party, the properties under each party's name belong to each party, the three children are under the custody of the female party, and the male party shall pay child support of 20,000 yuan per child per month to the female party. The female party shall not interfere with the male party's visitation with the children. In this case, the judge issued a "Civil Mediation Document" on the spot for both parties to sign and confirm. The next day, the "Divorce Effective Certificate" was delivered to both parties. With the help of Daohua lawyer, both parties obtained the divorce effective certificate within three months, perfectly meeting the parties' demands.

V. The Tang Code Interpretation

Dao Hua Family Law Firm specializes in major property-related marriage and family disputes, proficient in handling marriage and family disputes involving over 10 million yuan. Chief Lawyer Tang Yunhong has dedicated ten years to marriage and family legal services, skilled in comprehensively utilizing mediation, litigation, and other methods to resolve marriage and family disputes and alleviate family conflicts. Lawyer Tang Yunhong points out:

1. How to allocate custody of the child is a problem many couples face when getting a divorce. If both parties demand custody and cannot reach an agreement, they often have to resort to legal channels for resolution. The final allocation of custody needs to be determined based on the principle of what is most beneficial for the child, after comparing the conditions of both parties. If the child is under two years old, it is generally the principle that the mother directly cares for the child; however, if the mother has a specific infectious disease, fails to fulfill the custody obligations, or has other obvious unsuitable conditions, the father may care for the child. If the child is over two years old, the conditions of both parties need to be considered. If the child has lived with one party for a longer period or if one party has lost the ability to bear children, this may be given priority. If the child is over eight years old, the child's own true wishes and choices should also be respected. In addition, if some children have been cared for by their grandparents or great-grandparents for a long time, the care capabilities and willingness of the grandparents can also be considered as a priority condition for the allocation of custody between the two parties.

In this case, although the three children have all reached the age of eight, Ms. Zhang and Mr. Lu's work situations and financial conditions can cover the expenses for the children's daily living, education, and medical care. Therefore, it is not inappropriate to entrust the custody of the children to Ms. Zhang alone according to the wishes of both parties. In addition, Ms. Zhang is more proactive in fulfilling her custody obligations, which is also conducive to the children's growth and living conditions.

2. How to quickly handle divorce procedures, the key is divorce mediation and negotiation. What is divorce mediation? Simply put, the lawyer thinks more for the parties, strives to reach a consensus between both parties, then the divorce is already half successful. The Daohua Family Law Firm is skilled in mediation, good at precisely grasping the focal points of dispute between the parties, engaging in in-depth communication and exchange with the parties, capturing the real needs of the parties, and making every effort to coordinate the claims of both parties to reach a consensus. This not only resolves disputes but also helps reduce the workload of judges, making judges more willing to conduct online court sessions for the parties' cases, and can also accelerate the progress of litigation.

In summary, the formulation of a divorce mediation agreement not only requires legal consultation but also refers to psychological counseling. Tailored to the specific circumstances of the parties involved, it creates the most suitable solution for divorced couples.

3. Based on the principle of private law autonomy under civil law, the issue of property division in divorce cases should adhere to the principle of mutual intention expressed by both parties throughout the entire process and aspects of property division. Both parties may make agreements on issues such as ownership of the house, proportion of shares, and methods of division before marriage, during marriage, or at the time of divorce. If these agreements are valid and have not been revoked, they are binding on both parties. In actual cases, if a lawsuit for divorce is filed, the court generally reviews whether there are written agreements between the couple regarding the ownership of the house acquired during the marriage and before marriage, whether it is owned individually, jointly, or partially individually and partially jointly. Agreements are followed as agreed, and property division is only carried out according to the specific circumstances of the divorce case, in accordance with the statutory property system, in the absence of such agreements.

In this case, although the actual delivery of the house and the registration of property rights occurred after marriage, the payment made by Mr. Lu for the house before marriage only underwent a formal change after marriage, becoming the property rights of the house. Therefore, the house should still be considered as personal property of Xiao Ma. According to the relevant provisions of our national laws and regulations, "the personal property of one spouse does not convert into joint property of the couple due to the continuation of the marriage relationship," and both parties have reached a consensus, so there is no dispute over the house registered in Mr. Lu's name being owned by Mr. Lu personally.

Devoting ourselves to our duties, ensuring the successful handling of each case, and meeting the demands of the parties involved has always been our original intention.

Chapter 6, Index of Relevant Laws and Regulations

Article 1084 of the Civil Code of the People's Republic of China stipulates: "After divorce, children under two years of age shall be primarily 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 decide according to the specific circumstances of both parties, in accordance with the principle that is most favorable to the minor children. For children who are eight years of age or older, their true wishes shall be respected."

Article 1079 of the Civil Code of the People's Republic of China 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. In any of the following circumstances, if mediation is ineffective, the divorce shall be granted:

(1) Bigamy or cohabitation with another person;

(2) Committing domestic violence or mistreatment, abandonment of family members;

(Three) Persistent in bad habits such as gambling and drug abuse despite repeated correction.

(4) Separated due to incompatibility in feelings for more than two years.

(Five) Other situations leading to the breakdown of the couple's feelings.

Where one party is declared missing and the other party files for divorce, divorce should be granted. After the People's Court has ruled that divorce should not be granted, if both parties have been separated for a full year and one party files for divorce again, divorce should be granted.

Article 16 of the Interpretation of the Civil Procedure Law stipulates: "If both parties are Chinese citizens abroad but have not settled down, and one party files a divorce lawsuit with the people's court, the jurisdiction shall be with the people's court at the original place of residence of the plaintiff or the defendant."

Article 145 of the Interpretation of the Civil Procedure Law stipulates: "The people's courts shall conduct mediation in civil cases in accordance with the principles of voluntariness and legality. If one or both parties insist on not mediating, the court shall make a judgment in a timely manner. In the trial of divorce cases, mediation shall be conducted, but the case shall not be delayed indefinitely."

Seven,Introduction of the Family Law Team

Dao Hua Marriage and Family Law Firm, specializing in major property-related marriage and family legal matters for ten years, is skilled in handling marriage and family cases involving over 10 million yuan.Shenzhen native]- One of the influential brands in marriage inheritance and wealth management legal services. TeamHandle over 1000 cases of marriage inheritance.With rich mediation and litigation experience in controversial areas such as complex marriage and family matters, inheritance disputes, will drafting, and family property distribution, he applies local wisdom to handle difficult divorce property division cases involving Shenzhen's small property rights houses, village committee shares, will drafting and notarization, and inheritance disputes, winning unanimous praise from clients.

Adhering to the philosophy of "securing property safety, preventing legal risks, and empowering wealth appreciation," we gather experts from industries such as law, banking, insurance, and finance tax, with rich successful cases. We provide a comprehensive package of solutions for marriage, family affairs, and wealth inheritance for high-net-worth individuals (including those from 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 housing, 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 Successful Cases of Marriage and Inheritance" and "Legal Practice of Family Wealth Inheritance," with outstanding achievements in both legal practice and theoretical research.