Tang Yunhong, Lawyer of Guangdong Daohua Law Firm, Represents Female in Divorce Dispute Case, Successfully Divides Male's Pre-Marital Property and Gains Custody of Daughter with 'Mediation as the

One,Case review

In 2011, Ms. Li and Mr. Zhang met and fell in love at first sight through a friend's introduction. They quickly established a romantic relationship and got married that year. The same year, they had a daughter. After just one year, they indeed experienced a period of happiness. As they lived together for a longer time and roles changed, they had major disagreements on consumption values, the importance of their original families, and child-rearing ideas, resulting in frequent arguments. Finally, in June 2022, due to major disagreements on child-rearing ideas and the degree of importance placed on their original families, Ms. Li left the house with their daughter in a fit of anger and returned to her parents' home. After calming down, Ms. Li reviewed more than a decade of marriage and realized that the two of them were no longer suitable for each other. It would be better to separate early, which would be good for both of them and the child.

After careful consideration, Ms. Li decided to divorce and insisted on seeking a professional divorce lawyer in Shenzhen. Therefore, Ms. Li learned through a friend that Tang Yunhong, the chief lawyer of the Marriage and Family Law Team at Guangdong Daohua Law Firm, has been focusing on marriage, family, and inheritance disputes for over 10 years, specializing in major property-related marriage and family disputes. Her case-handling style is "a blend of firmness and gentleness," and she is skilled in using a "mediation-first, litigation-as-a-backup" approach to achieve the client's demands.

In June 2022, after finding lawyer Tang Yunhong at the Dao Hua Law Firm in Guangdong, Ms. Li clearly proposed the following demands to lawyer Tang Yunhong:

1.  Hope for a mediation settlement, a peaceful separation;

2.  Hope to divorce quickly, quickly dissolve the marital relationship, and no longer bear the mental torment.

3.  Hope to obtain custody of the legitimate daughter, and require the male party to pay 5,000 yuan per month in child support.

4.  Hope to divide the property purchased by the male party before marriage, obtaining the increased value as well as the portion of the joint loan repayment.

5.  The remaining property is owned by each party under their own name.

Second,Dispute focus

After accepting theentrustment, the head lawyer of the Marriage and Family Law Team at the Dao Hua Law Firm in Guangdong, Tang Yunhong, immediately formed a special case handling team, analyzed the risks of the case, and argued the case handling plan. Specifically:

1.Risk one: In the first lawsuit for divorce, if the circumstances do not meet the legal requirements for divorce, the court may not grant a divorce judgment, thus there is a possibility of not being able to achieve a quick divorce.

According to Article 1079 of our Civil Code, "In any of the following circumstances, where mediation is ineffective, divorce should be granted: (1) bigamy or cohabitation with another person; (2) the practice of domestic violence or abuse, abandonment of family members; (3) persistent bad habits such as gambling and drug abuse; (4) separation due to disharmony in feelings for a full two years; (5) other circumstances leading to the breakdown of the couple's relationship. If one party is declared missing and the other party files for divorce, divorce should be granted. If, after the People's Court has ruled that divorce should not be granted, both parties separate again for a full year and one party files for divorce again, divorce should be granted."In this case, there is no legal ground for divorce between Ms. Li and Mr. Zhang as mentioned above, and they have not met the conditions for a judicial divorce. Therefore, if the man does not agree to divorce for the first time, the court will not grant a divorce.。

2.Risk two: The legitimate daughter is currently living with the male party, and there is a risk that the female party may not be able to obtain custody of the legitimate daughter.

Article 1084 of the Civil Code 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."In this case, the legitimate daughter has reached the age of 11 and the living arrangements with either parent should respect the legitimate daughter's true wishes.。

3.Risk three: The male party currently has a stable job with a monthly income of 10,000 yuan, and the alimony risk is relatively low.

According to Article 49 of the "Interpretation of the Marriage and Family Article of the Civil Code of the People's Republic of China," "The amount of child support may be determined based on the actual needs of the child, the financial burden of both parents, and the actual living standards of the local area. For those with a fixed income, child support is generally paid at a percentage of 20% to 30% of their monthly total income. For those responsible for the support of two or more children, the proportion may be appropriately increased, but generally should not exceed 50% of their monthly total income."In this case, if the male party's monthly income is around 10,000 yuan, the child support for the legitimate daughter is approximately between 2,000 and 3,000 yuan, while Ms. Li hopes to reach 5,000 yuan to meet the living and educational expenses of the legitimate daughter in Shenzhen.。

4.Risk four: The property purchased by the male party before marriage is the personal property of the male party before marriage, and there is a risk of non-separation for the female party; how should the female party divide the portion jointly repaid and the portion that has appreciated?

Pursuant to Article 1063 of our "Civil Code": "The following properties shall be the personal property of one spouse: (i) the property of one spouse before marriage; (ii) the compensation or compensation obtained by one spouse due to personal injury; (iii) the property designated to be solely owned by one spouse in a will or gift agreement; (iv) the personal daily necessities used exclusively by one spouse; (v) other properties that should be owned by one spouse."The property purchased by the male party before marriage belongs to his personal property before marriage. After marriage, there is a joint repayment part and appreciation. Can the female party claim a share? How should it be divided?？

5.Risk five: The mother of the male party is ill, with high medical treatment costs and the existence of borrowing for treatment, which constitutes a joint debt of the couple that the female party needs to bear.。

According to Article 1064 and Article 1089 of our Civil Code, "Debts incurred by one spouse in the course of the marriage in their own name, exceeding the needs of family daily life, are not considered joint debts of the couple; however, exceptions are made if the creditor can prove that the debt is used for the joint life of the couple, joint business operations, or based on the joint intention of both spouses." At the time of divorce, joint debts of the couple should be repaid jointly. If the joint property is insufficient to settle the debts or the property belongs to each party separately, the settlement should be agreed upon by both parties; if an agreement cannot be reached, the People's Court shall make a judgment.In this case, the medical expenses for the male party's mother's hospital treatment are considered expenses required for the family's joint life, and may be identified as joint debt between the husband and wife, which the female party needs to jointly bear the responsibility for repayment.。

6.Risk six: The female party has communicated and negotiated the matter of divorce by agreement with the male party multiple times, but the male party has consistently refused to pay alimony and also refused to divide the property, thus there is a risk of being unable to communicate and mediate to reach a conclusion.

"The saying 'A harmonious family brings prosperity' and 'Do not air family dirty laundry outside' have always been advocated by the Chinese people, and this case with Ms. Li is no exception. However, now she is unable to reach an agreement for divorce with the male party and can only entrust a professional divorce lawyer to intervene in communication and negotiation, and mediate in the middle."

Three,Investigation process

Guangdong Dao Hua Law Firm lawyer Tang Yunhong, utilizing over a decade of successful divorce law practice experience, quickly formulated a solution based on the case details and in line with the client's demands.

1.  Adopting a "mediation-first, litigation-second" approach, promoting mediation through litigation, and successfully achieving the demand for a "peaceful separation."

"The philosophy of 'Harmony at home brings prosperity' and 'amicable separation,' lawyer Tang Yunhong firmly believes, is the belief of the Chinese people. Not only does the female party consider it this way, but the male party is also likely to consider it in the same way. At the same time, if mediation fails, it is necessary to safeguard the female party's property rights through the procedure of initiating a divorce lawsuit and taking measures for property preservation. Therefore, the Dao Hua Family Law Firm ultimately determines to adopt the case-handling approach of 'mediation as the main method, litigation as the auxiliary method' for this case."

2. Tang Yunhong, the lawyer, first intervened to communicate and mediate with the male party. As the mediation failed, the divorce litigation procedure was initiated.

After confirming the investigation plan, Tang Yunhong, the lawyer, actively communicated with the male party, expressing the female party's intention to divorce and the demands for the divorce.

After three rounds of communication with Tang Yunhong, the male party has moved from the initial divorce plan (1. Agree to divorce; 2. Child custody belongs to the male party, and alimony does not need to be paid by the female party; 3. The pre-marital property in Shenzhen, whether the down payment or monthly installment, is borne by the male party, and the female party should not be divided, and is unwilling to pay the female party's property division payment; 4. A debt of 700,000 yuan, which needs to be jointly repaid by the female party.) to the male party's final divorce plan now (1. Agree to divorce; 2. Child custody belongs to the female party, and the male party pays 3,000 yuan in alimony per month; 3. The pre-marital property in Shenzhen is compensated to the female party with a valuation of 300,000 yuan; 4. A debt of 700,000 yuan under the male party's name, which does not need to be jointly repaid by the female party.)

So far, both parties have reached an impasse and are unable to agree on a divorce.

3. Carry out "property preservation," freeze the real estate and other properties under the male party's name, and ensure the smooth enforcement of the mediation document or judgment.

After failing to reach an agreement for a divorce privately, Tang Yunhong, the lawyer, immediately initiated the divorce litigation procedure, conducted property preservation, and, through the court's mandatory power, froze the real estate and WeChat, Alipay, bank accounts, etc. under the name of the husband, to prevent the husband from transferring assets.

4. Actively contact court mediators for third-party mediation and closely follow the case progress. Through the three-party mediation of "emotion, reason, and law," the mediation was smoothly facilitated, and the case was resolved to the satisfaction of all parties.

The case has entered the pre-litigation mediation stage. Lawyer Tang Yunhong actively contacted the mediators of the Nanshan District People's Court of Shenzhen, proactively communicated the case situation and the demands of the female party, and requested the court mediators to arrange senior mediators tointervened communication mediation, and invited both parties to have a face-to-face discussion.

At the mediation site, Lawyer Tang Yunhong and the mediation staff from the Nanshan District People's Court of Shenzhen City fully utilized their professional knowledge, starting from the aspects of law, emotion, and reason, to do the ideological work of both parties. Finally, through the coordination and efforts of all parties, the male and female parties finally reached a reconciliation, and the case was settled.

Four,Investigation results

Under the efforts of Tang Yunhong lawyer and the special investigation team, the case was successfully settled amicably, and the couple separated peacefully, successfully achieving the client's demands.

1. Mediation concluded, peaceful separation;

2. Fast divorce, quick dissolution of marriage, no longer bear psychological torment.

3. Obtain custody of the legitimate daughter, with the male party paying child support of 4,500 yuan per month.

4. Divide the property purchased by the male party before marriage, obtaining the increased value part and the joint loan repayment part.

5. The remaining property under each person's name shall be owned by each person individually.

Five,Tang Code states

Mr. Tang Yunhong pointed out:

1. Leave the professional matters to professionals to handle in order to ensure successful completion. The Daohua Marriage and Family Law Team at Guangdong Daohua Law Firm has focused on major property-related marriage and family disputes for ten years, excelling in handling cases involving over 10 million yuan in marriage and family matters. It has extensive mediation and litigation experience in the resolution of major and complex marriage and family disputes, inheritance disputes, will drafting, and family property distribution. It is adept at dealing with difficult divorce property division cases involving Shenzhen's small property rights houses, village committee shares, and other issues, as well as will drafting and notarization, and inheritance disputes.

2. In handling divorce cases, not only is law required, but also the warmth of handling the case. By combining the three elements of "emotion, reason, and law," it is truly possible to resolve the contradictions between the two parties, settle disputes, truly achieve a resolution of the case and truly allow both parties to put down their grievances in their hearts.

3. As a lawyer, one should fulfill one's duties and responsibilities, make every effort to safeguard the legitimate rights and interests of the parties, and meet the demands of the client.

(Tang Yunhong, lawyer)

Six,Index of relevant laws and regulations

Article 1079 of the Civil Code: In any of the following circumstances, where mediation is ineffective, divorce shall be granted:

(1) Bigamy or cohabitation with another person;

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

(3) 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.

(5) Other situations leading to the breakdown of the couple's feelings. If one party is declared missing and the other party files for divorce, the divorce should be granted.

After the People's Court has ruled against divorce, if both parties have been separated for a full year and one party files a second divorce lawsuit, the divorce should be granted.

Article 1084 of the Civil Code: 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 be primarily cared for by the mother. For children who are two years old or older, if the parents cannot 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 old or older, their true wishes shall be respected.

Article 46 of the Judicial Interpretation: For minors who are over two years old, if both parents demand direct custody, priority consideration may be given if one party has any of the following circumstances:

(1) Has undergone sterilization surgery or has lost the ability to reproduce for other reasons.

(2) The children have lived with them for a longer period of time, and changing the living environment is obviously detrimental to their healthy growth.

(3) One party has no other children, while the other party has other children.

(4) If the child follows the other parent's lifestyle, it is beneficial for the child's growth. However, if the other parent has a chronic, incurable infectious disease or other serious illness, or has other circumstances that are detrimental to the physical and mental health of the child, it is not advisable for them to live together with the child.

Article 47: If the conditions for the parents to rear their children are basically the same, and both parties require direct custody of the children, but the children have lived separately with their grandparents or step-grandparents for many years, and the grandparents or step-grandparents request and are able to help care for their grandchildren or step-grandchildren, this may be considered a priority condition for the father or mother to directly rear the children.

Article 1084 of the Civil Code: 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 make a judgment.

The provisions of the preceding paragraph regarding agreements or judgments do not prevent the child from reasonably requesting an amount exceeding the original amount stipulated in the agreement or judgment from either parent when necessary.

Article 49 of the Interpretation of the Civil Code on Marriage and Family: The amount of child support may be determined based on the actual needs of the child, the financial burden capacity of both parents, and the actual living standards of the local area.
For those with a fixed income, child support is generally paid at a rate of 20% to 30% of their monthly total income. For those supporting two or more children, the ratio can be appropriately increased, but it usually should not exceed 50% of their monthly total income.
Article 1062 of the Civil Code: During the existence of the marriage relationship, the following property acquired by the husband and wife shall be the joint property of the husband and wife, jointly owned by them:

(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.

Article 1063 of the Civil Code: The following properties shall be the personal property of one spouse:

(1) The pre-marital property of one party.

(2) Compensation or compensation obtained by one party due to personal injury.

(3) Property specified in a will or gift contract to be solely owned by one party.

(4) Articles of daily use exclusively for one party.

(5) Other property that should be attributed to one party.

Article 1087 of the Civil Code: During a divorce, the joint property of the husband and wife shall be handled by mutual agreement; if the agreement fails, the People's Court shall make a judgment according to the specific circumstances of the property, in accordance with the principle of considering the interests of the children, the female party, and the party without fault. The rights and interests enjoyed by the husband or wife in the land contracting operation of the family shall be protected in accordance with the law.

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

The debt incurred by one spouse in the name of the individual, exceeding the needs of family daily life during the existence of the marriage relationship, does not constitute joint debt of the couple; however, this does not apply if the creditor can prove that the debt is used for the joint life of the couple, joint business operations, or based on the joint intention of both parties.

Article 1089 of the Civil Code: At the time of divorce, the joint debts of the husband and wife shall be repaid jointly. If the joint property is insufficient to settle the debts or the property belongs to each party separately, the settlement shall be agreed upon by both parties; if the agreement cannot be reached, the People's Court shall make a judgment.

Seven,Team Introduction

Dao Hua Marriage and Family Law Firm, ten years focused on · major property marriage and family legal services, expert in marriage inheritance and family disputes (mediation/trial), is [Shenzhen nativeOne of the influential brands in marriage inheritance and wealth management legal services.

The team has handled over 1000 cases related to marriage inheritance, and has extensive experience in dispute resolution fields such as complex marriage and family matters, inheritance disputes, will drafting, and family property distribution. Utilizing local wisdom, the team is skilled in handling 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 and taxation, with a wealth of successful cases. We provide a comprehensive package of solutions for high-net-worth individuals (including those from Hong Kong, Macau, and foreign nationals) in marriage, family affairs, and wealth inheritance, 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.