Male Party Refuses Divorce and Division of Joint Property; Tang Yunhong Lawyer Mediates Litigation, Successfully Helps Female Party Divide Property and Dissolve Marriage Relationship

Introduction:Madam Zhang and Mr. Lu registered their marriage in Hunan in 2001 and had a son after marriage. Due to work requirements, both Madam Zhang and Mr. Lu moved to Shenzhen together. However, due to personality conflicts, they often had arguments and the contradictions kept intensifying. Finally, Madam Zhang even discovered that Mr. Lu had engaged in extramarital affairs, which seriously violated morality and completely destroyed the couple's emotional bond, leading Madam Zhang to firmly demand a divorce from Mr. Lu. But Mr. Lu repeatedly refused to divorce, citing that the child had not yet settled down, which exhausted Madam Zhang physically and mentally, forcing her to resort to legal means to end this marriage. In this situation, Madam Zhang sought legal assistance from the Daohua Family Law Firm, hoping to resolve all issues between the couple at once. After the lawyer Tang Yunhong from the Daohua Family Law Firm intervened, she helped Madam Zhang solve the divorce difficulties through mediation and litigation, and smoothly dissolved the marital relationship.

Keywords:Divorce disputes, property division in divorce, marriage lawyers, divorce mediation

One, Case Review

Madam Zhang and Mr. Lu registered their marriage in Hunan in 2001 and had a son after marriage. Due to work requirements, both Madam Zhang and Mr. Lu moved to Shenzhen together. However, due to personality incompatibilities, they often had arguments and conflicts kept escalating. Finally, Madam Zhang even discovered that Mr. Lu had engaged in extramarital affairs, which seriously violated morality and completely destroyed the couple's emotional bond, leading Madam Zhang to firmly demand a divorce from Mr. Lu. But Mr. Lu repeatedly refused to divorce, citing that the child had not yet settled down, which exhausted Madam Zhang physically and mentally, forcing her to resort to legal means to end this marriage.

Ms. Zhang found through online search that the Daohua Family Law Firm has a large number of similar successful cases, with rich experience in marriage cases. Therefore, Ms. Zhang specially came to the law firm for legal assistance, hoping to resolve all issues between the couple in one go.

The case involves multiple issues such as property division, asset distribution, and debt assumption, with a complex situation and significant disputes between the parties.

1The male party repeatedly harasses and refuses to divorce, seemingly worried about the division of property.

After accepting Madam Zhang's commission, the Daohua marriage lawyer thoroughly inquired about the parties' marital situation from Madam Zhang, finding that she had communicated with the male party about divorce matters more than once. The male party had refused divorce each time, citing the child as the reason. However, after investigation, the lawyer found that Madam Zhang's son is now an adult, studying at a university in another city, and does not live with the couple, so the divorce would not have a significant impact on the child. Moreover, the couple had been separated for a long time due to the divorce matter for over two years, and their feelings had completely broken down.

In response to the situation where the male party refuses to divorce, Daohua Marriage Lawyer has formulated a professional legal service plan, including divorce agreement, mediation divorce, and litigation divorce, preparing from multiple aspects and levels. Striving to resolve the marriage issues for the parties involved.

2、The joint property of husband and wife is numerous and complex, which is detailedly counted by Dao Hua lawyer.

Both husband and wife jointly invested in purchasing two real estate houses in Huizhou and Dongguan during the marriage, built a house in their hometown in Hunan, and also bought a car after marriage. Both parties have a certain amount of bank deposits in their own names, and Ms. Zhang also purchased a large number of funds, stocks, and financial insurance. Ms. Zhang is not aware of the property under the man's name, which greatly increases the risk of the man transferring and concealing the joint property to gain a larger share of Ms. Zhang's property.

3、The male party has a large amount of debt outside, and there is a risk of jointly bearing the debt.

Through getting to know Madam Zhang, it was learned that the male party has the bad habit of gambling, has been involved in gambling activities for a long time, has large gambling debts outside, and because the two have been separated for a long time, Madam Zhang is not clear about the specific debt situation of the male party. During the initial negotiation process for divorce with the male party, he threatened Madam Zhang with this, stating that if Madam Zhang insists on demanding a divorce, he will repay the debts together with the male party, and will allocate the gambling debts to Madam Zhang.

Three, Daohua lawyer formulates a professional divorce plan, meticulously organizes the joint property of the couple, and assists the parties in achieving the divorce goal through multiple means.

1、The lawyer at Dao Hua meticulously sorted out the pre-marital personal property of Ms. Zhang and the joint property they possessed, based on the property information provided by her. For the property information of the male party that Ms. Zhang was not aware of, the Dao Hua marriage lawyer submitted an application for an investigation and evidence collection order and an application for a lawyer's investigation order to the court, to retrieve the male party's property that Ms. Zhang was not familiar with, achieving the public and transparent disclosure of the joint property for the party, effectively preventing the male party from concealing or transferring the joint property.

2、Dahua lawyer drafted the divorce agreement for Ms. Zhang, focusing on communication and mediation first, hoping to resolve the divorce matters of both parties outside of court, avoiding a "dagger drawn" situation between the husband and wife in court, and triggering unnecessary disputes. Under the communication and mediation of Dahua lawyer, the male party agreed to the female party's divorce request, and accompanied by Dahua lawyer, they went to the marriage registration office to handle the divorce procedures. After registration, the marriage registration authority gave the couple a cooling-off period, and after the cooling-off period, they signed the divorce agreement at the marriage registration office.

3. After the marriage cooling-off period expired, the male party regretted and refused to divorce. In this situation, Dao Hua lawyer resolutely adopted litigation measures, submitted litigation materials to the Nanshan District People's Court of Shenzhen, and filed a lawsuit to terminate the marriage relationship with the male party, and also requested the division of the joint property of the couple. The detailed joint property situation previously organized was submitted to the court, providing a solid evidence basis for the subsequent division of the joint property of the couple.

Four, with the help of Dao Hua lawyer, the party's litigation claims were realized, and the marriage relationship was smoothly dissolved.

During the trial, under the mediation of the judge and the Dohua marriage lawyer, Ms. Zhang finally reached an agreement with the male party on the divorce matters and property distribution. In this case, the judge issued a "Civil Mediation Document" based on the mediation plan of the Dohua lawyer for both parties to sign and confirm. The next day, the "Divorce Effective Certificate" was delivered to both parties. With the help of the Dohua lawyer, both parties smoothly dissolved the marital relationship and perfectly met 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 disputes involving over 10 million yuan, with Chief Lawyer Tang Yunhong having dedicated ten years to marriage and family legal services. She is skilled in comprehensively utilizing mediation, litigation, and other methods to resolve marriage and family disputes and alleviate family conflicts.

Mr. Tang Yunhong pointed out:

Regarding the issue of joint liabilities of married couples, the Civil Code appropriately increases the examination obligations of creditors and the spouse in debt to balance the interests of both parties, and makes reasonable provisions for the identification of joint liabilities of married couples. The basic principle of debt repayment at the time of divorce as stipulated by the Civil Code is: joint liabilities are repaid jointly, and individual liabilities are repaid individually. Joint liabilities are first settled from the joint property of the couple, and after the settlement is completed, the remaining joint property is then divided between both parties. If the joint property is insufficient to settle the joint liabilities, the repayment is agreed upon by both parties; if an agreement cannot be reached, the People's Court shall decide based on the economic capabilities of both parties. There is also another situation where the couple agrees to have separate ownership of property after marriage. In this case, the joint liabilities are settled by agreement between both parties, and if an agreement cannot be reached, the People's Court shall decide.

In light of the circumstances of this case, the male party threatened Ms. Zhang with gambling debts, claiming to split the gambling debts with her and demanding that she repay them together. It needs to be clarified that joint liabilities of a married couple refer to debts incurred for the daily needs of family life, mainly debts incurred within the scope of daily household agency, and the male party's gambling debts in this case clearly do not fall within this scope and should not be jointly repaid by the female party.

V. Index of Relevant Laws and Regulations

Article 1064 of the Civil Code of the People's Republic of China stipulates: "Debts incurred through joint signatures of both spouses or subsequent recognition by one spouse, as well as debts incurred by one spouse in the name of the individual for the needs of family daily life during the marriage relationship, are considered joint debts of the couple."

One spouse's debt incurred in their own name during the marriage, exceeding the needs of the family's daily life, does not constitute joint debt of the couple; however, this does not apply if the creditor can prove that the debt was used for the couple's joint life, joint business operations, or based on the joint intention of both spouses.

Article 1066 of the Civil Code of the People's Republic of China stipulates: "During the existence of a marriage relationship, if any of the following circumstances occur, either spouse may apply to the People's Court for the division of joint property:"

(1) One party has the act of hiding, transferring, selling, damaging, squandering the joint property of the couple, or fabricating joint debts of the couple, which seriously damages the joint property interests of the couple.

One party, who has the legal obligation to provide support, falls ill with a serious disease requiring treatment, while the other party disagrees with paying the relevant medical expenses."

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 make a judgment based on 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 can be conducted by relevant organizations or the divorce lawsuit can 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 should be granted. In any of the following circumstances, if mediation is ineffective, the divorce should 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 circumstances 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 of Chinese citizens are 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 party or both parties to the case 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 Family Law Firm, specializing in major property-related family law matters for ten years, is skilled in handling cases involving more than 10 million yuan in family law, and is one of the influential brands in [Shenzhen local] marriage inheritance and wealth management legal services.

The team has handled over 1000 cases related to marriage inheritance, and has extensive mediation and litigation experience in controversial areas such as complex marriage and family matters, inheritance disputes, will drafting, and family property distribution. Utilizing local wisdom, the team is skilled in dealing with 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 growth," the team assembles experts from industries such as law, banking, insurance, and finance and taxation, with a wealth of successful cases. It provides a comprehensive one-stop solution for marriage, family, 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 include: real estate (commercial housing, small property rights housing, land use rights, etc.), various property rights (equity, debt, relocation compensation, copyright, invention patents, etc.).

The team has completed the compilation of "A Collection of Successful Cases of Dao Hua Marriage and Inheritance" and "Legal Practice of Family Wealth Transmission," achieving remarkable achievements in both legal practice and theoretical research.