Dao Hua Marriage · Top Ten Classic Cases | Does a pre-marital property worth ten million yuan in Shenzhen also need to be divided? Dao Hua Marriage Lawyers represented the male party in a quick

Introduction:Mr. Wang and Miss Wu met in 2009 through a mutual friend and decided to be together for life soon after. They got married and registered their marriage in their hometown in Anhui. Due to a weak emotional foundation, their feelings gradually faded, and both parties agreed to divorce. However, Mr. Wang was confused, helpless, and angry about the divorce agreement sent to him by Miss Wu, so he found the Dao Hua Family Law Firm and entrusted a lawyer to negotiate and communicate about the divorce matters. After accepting Mr. Wang's entrustment, Lawyer Tang Yunhong of Dao Hua Family Law Firm immediately understood Mr. Wang's demands and started to modify the agreement. Within three days, she had four rounds of negotiations and communications with Miss Wu, and before the two went to the Civil Affairs Bureau, she had Miss Wu sign another marital agreement to protect Mr. Wang's rights, and finally, the two were successfully divorced.
Keywords:Agreed divorce, Shenzhen divorce lawyer, divorce dispute, pre-marital property division, domestic compensation allowance

One, Case Review

Mr. Wang (hereinafter referred to as the principal) and Miss Wu got married soon after they met, and neither of them had a deep understanding of each other's habits and values. Although they were very happy and sweet in the early stages of marriage, they eventually could not withstand the wear and tear of long-term trivial life. Especially after having a child, their differences became increasingly pronounced, and they often argued at home, which had also seriously affected the healthy growth of the child.

In 2018, the two began to separate, but Mr. Wang never proposed a divorce to Miss Wu in order to give their children a complete family. However, Miss Wu contacted Mr. Wang proactively to propose a divorce and sent him a divorce agreement. The divorce agreement stipulated that each party's property should be owned by themselves, but the division of the property, as well as the child support and domestic compensation, were surprisingly high.

Mr. Wang is extremely puzzled by Miss Wu's behavior and cannot agree with the divorce agreement. He turned to the Dao Hua Family Law Firm and immediately entrusted the case to lawyer Tang Yunhong of the Dao Hua Family Law Firm after a brief consultation.

1. The male party purchased the property with his own funds before marriage, and the joint repayment of the loan was made after marriage. Now that the value of the house has increased, how should it be divided?

2. How should the child support be agreed upon? What is the amount? What methods can be used for payment?

3. Is it mandatory to pay housework compensation, and what is the usual cost?

4. What should be done if one party regrets during the divorce cooling-off period?

1. One party purchased the house before marriage, repaid the mortgage after marriage, and there is a basis for property division at divorce!

Mr. Wang started in the raw material processing business and had accumulated a considerable amount of savings before marriage. Later, due to business development plans, he moved his family to Shenzhen. However, Mr. Wang purchased a property in Shenzhen with his outstanding investment vision before marriage, and now the value of the house is nearly 20 million yuan. If the house was fully paid off by Mr. Wang before marriage, it would not be complicated. However, Mr. Wang chose a 15-year mortgage when buying the house, making a down payment of 50%, and by the time of the wedding, the house payment had been paid up to 90%, with the remaining 10% to be repaid after marriage. In the divorce agreement, Miss Wu demanded that Mr. Wang pay half of the house value, which is 9 million yuan. Mr. Wang said, "In recent years, business has not been going well, and the company has been incurring losses year after year. I really can't come up with so much money. Whether it's a marriage or not, this house should not be divided in such a way, especially since the house will be left for the children in the future. If I sell this house, where will I live and where will the children live? How will the issue of education be resolved?" In addition, Mr. Wang also said that the key reason for the decision to divorce after continuous arguments was that Miss Wu, starting from an unknown time, often went out with her friends for entertainment, many times drunk, and came back to make a big fuss, paying no attention to whether the children were resting or not. Later, Miss Wu even failed to return home on many nights, which made Mr. Wang very angry. The current relationship between the two is not peaceful. Regarding the expected value of the property division compensation, Mr. Wang answered directly, "If it's possible to give none at all, that would be best." (Upon reading this, everyone might laugh, but in a marriage, when it comes to divorce, Mr. Wang's thoughts are also common sense, and it is no longer meaningful to judge right and wrong).

Child custody and child support are issues that every married couple with children will argue about during a divorce. The woman believes that the child is her own flesh and blood, born after ten months of pregnancy and raised with great effort, as the saying goes. Most men, on the other hand, consider it their child and their surname, the continuation of their lineage. Of course, there are also some couples who do not want to raise the child or pay child support. However, in this case, Mr. Wang not only has a sense of responsibility to his own family but is also full of love for the child. Miss Wu hopes that the two children can live with her, and Mr. Wang also respects the children's wishes. However, because Miss Wu has always been indifferent to the children's education, repeatedly telling them things like "if you can't write, don't write, and if you don't want to write, just leave it," this has caused Mr. Wang to be extremely anxious about Miss Wu's approach to the children's education. Moreover, Mr. Wang is willing to pay the requested 10,000 yuan per month in child support, but he is always worried that Miss Wu will not use this money for the children's daily study and life.

Therefore, Lawyer Tang provided solutions for the concerns of Mr. Wang. Since Mr. Wang's youngest child has already entered junior high school, both children have their own WeChat or Alipay accounts. If Mr. Wang is not at ease, he can give Miss Wu 5,000 yuan per month, with the remaining 5,000 yuan transferred directly to the children by Mr. Wang. This not only ensures that the children have money to use, solving the issue of child support, but also enhances the emotional bond between Mr. Wang and his children, allowing Mr. Wang not to worry that after the children and their mother live together, they will no longer care about their father.

3. If one party regrets the divorce due to dissatisfaction with the content of the divorce agreement, there are clever strategies to deal with this!

The legal provision for the divorce cooling-off period has been controversial since its introduction, and many couples who have ended in divorce are somewhat panicked about the 30-day cooling-off period. Most couples decide to divorce after multiple communications and struggles, and they fear that one party might change their mind during the 30-day cooling-off period.

In this case, when the Daohua Family Law Firm was entrusted by Mr. Wang, there were only three days left before Miss Wu's appointment with the Civil Affairs Bureau for divorce. Therefore, within these three days, Lawyer Tang, after several rounds of negotiations with Miss Wu, finally reduced the property division compensation and alimony as well as the domestic compensation to a range both parties could accept. Miss Wu initially demanded that Mr. Wang pay 200,000 yuan for the domestic compensation, and Mr. Wang was unable to accept this amount. Mr. Wang claimed that since marriage, he had been responsible for the children's education and daily household expenses. Miss Wu had not worked since marriage, and he believed that the 200,000 yuan had no basis and that Miss Wu was trying to take advantage of the divorce to get more money. This was also the reason why Mr. Wang was worried about the payment method of the alimony, fearing that the money would not go to the child. Therefore, after learning about the experiences of both parties' self-knowledge, self-understanding, and love, combined with rich legal knowledge and practical experience in family law, Lawyer Tang finally negotiated the compensation to 20,000 yuan. To prevent Miss Wu from regretting the divorce agreement during the cooling-off period, before the parties signed the divorce agreement, they were asked to sign a marital agreement first. The content of the marital agreement was the same as that of the divorce agreement, and this measure was taken to deal with the possibility that Miss Wu might regret the content of the divorce agreement during the cooling-off period.

Mr. Wang entrusted the matter on March 21, 2024, and agreed with Miss Wu to go to the Civil Affairs Bureau for divorce registration on March 25, 2024. Within three days, Tang lawyer, after several rounds of communication with Miss Wu, finally negotiated the house division payment to 3.2 million yuan, and reduced the domestic compensation to 20,000 yuan. According to Miss Wu's previous insistence that Mr. Wang pay her 9.2 million yuan, the final divorce agreement was reduced to 3.22 million yuan, successfully reducing 5.98 million yuan. Moreover, Miss Wu signed a marital agreement before signing the divorce agreement, which stipulated the arrangements for alimony, house ownership, etc., in case Miss Wu regrets during the divorce cooling-off period and wants to increase the amount again.

Marriage is not easy, cherish it as you go, but if divorce is inevitable, it's better to take a step back rather than argue to the point of red faces, and part amicably. In this case, although Mr. Wang and Miss Wu have no possibility of reconciliation, they also do not have irreconcilable contradictions. Since both parties cannot communicate smoothly, it is advisable to entrust a professional marriage lawyer to intervene and handle the matter, which is also a good solution for both parties.

In this case, during the communication process between Tang Yunhong, the lawyer, and both parties, it was felt that Miss Wu's greatest hope was that Mr. Wang could quickly cooperate in handling the divorce, while Mr. Wang was most concerned about the issue of the child, worrying that the child would not receive a good life and education following Miss Wu, and that the emotional bond between himself and the child would fade, and that the child would not recognize him in the future. Because on the points of contention between the two parties, Lawyer Tang combined emotional and legal reasoning to find a good solution for Mr. Wang, which could satisfy Miss Wu's requirement for child support, while also ensuring the child's quality of life and maintaining the emotional connection with the child. Since then, Miss Wu and Mr. Wang have both let go and are living well separately. Here, Lawyer Tang reminds all parties involved with divorce issues:

1. The cause of action for suing the other party to fulfill the divorce agreement: Both parties agree to divorce, one party fails to fulfill their obligations as stipulated in the agreement, and the other party sues. If the case involves property, the cause of action is a marital property dispute; if the case involves child custody, the cause of action is a custody relationship dispute.

2. In principle, only the personal and jointly-owned property of the husband and wife is handled in divorce disputes. For properties jointly owned with others (excluding the minor children of both parties) as agreed upon in the divorce agreement, they should be dealt with in another case involving the other party, except when the registered property rights holder is no longer involved in the litigation. If the husband and wife have divided the jointly-owned property in the divorce agreement, but the division is limited to the share they (or one of them) enjoys, and it does not affect the interests of others or is recognized by others, the agreement should not be deemed invalid on the grounds that the husband and wife have no right to dispose of others' property.

3. The Daohua Family Law Firm has extensive experience in drafting, revising, and formulating divorce agreements, and can act on behalf of one party to negotiate and communicate with the other party, facilitating pre-litigation mediation. Divorce is the result of the breakdown of marital feelings, involving multiple legal relationships. The mediation, as a flexible way to resolve conflicts, not only allows for a deep understanding of the other party's demands but also peacefully resolves the couple's disputes, allowing this imperfect relationship to end with a perfect conclusion.

The Civil Code of the People's Republic of China

Article 1076 provides: Where both parties to a marriage voluntarily decide to divorce, they shall sign a written divorce agreement and personally apply for divorce registration at the marriage registration authority. The divorce agreement shall state the intention of both parties to voluntarily divorce and the consensus reached on matters such as child custody, property, and debt handling.

Article 1080: Upon completion of divorce registration, or upon the effectiveness of the divorce judgment or mediation document, the marital relationship is dissolved.

Article 1077 provides: Within thirty days from the date the marriage registration office receives the divorce registration application, either party may withdraw the divorce registration application if they do not wish to divorce.

Within thirty days after the expiration of the period specified in the preceding paragraph, both parties shall personally apply to the marriage registration authority for the issuance of a divorce certificate; failure to apply shall be deemed as withdrawal of the application for divorce registration.

Article 1084: 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. For children under two years of age, custody by the mother is the general principle. 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.

Article 1085: After divorce, if a child is directly cared for by one party, the other party shall bear part or all of the child support expenses. The amount of the expenses and the duration shall be agreed upon by both parties; if they cannot reach an agreement, the People's Court shall decide. The agreement or judgment specified in the preceding paragraph shall not prevent the child from reasonably requesting an amount exceeding the original agreed or judged amount from either parent when necessary.

Article 1086: After divorce, the parent who does not directly care for the child has the right to visit the child, and the other party has the obligation to assist. The methods and time for exercising the right to visit are agreed upon by the parties; if they cannot reach an agreement, the People's Court shall decide. If the visitation by the parent is not conducive to the physical and mental health of the child, the People's Court shall, in accordance with the law, suspend the visitation; after the reasons for the suspension are eliminated, the visitation shall be resumed.