Cross-border Marriage and the Hidden 20 Million: Cross-border Recovery and Rights Protection Wisdom

Reporter:Mr. Tang, with the increasing number of cross-border marriages, cross-border divorce cases are also frequently reported in the media. We have heard that you have handled a very typical case where the male party transferred a large amount of assets to Hong Kong. Could you tell us about it?

Tang Yunhong:The parties involved in this case are a mainland woman and her husband, who have been living apart for many years, with one in Shenzhen and the other in Hong Kong. After the breakdown of their relationship, during the preparation for divorce, she suddenly discovered that her ex-husband had quietly transferred a large sum of money, over 20 million Hong Kong dollars, from his Hong Kong bank account to the name of his Hong Kong relatives. The woman is relatively familiar with mainland law, but she is completely in the dark about the situation in Hong Kong, and she was extremely anxious and helpless at the time.
Reporter:Cross-border recovery sounds complicated. How did you approach it at the time?
Tang Yunhong:Handling such a case alone is not enough; it requires "teamwork." Our firm, Dao Hua, practices in the Guangdong-Hong Kong-Macau Greater Bay Area, and one of our core strengths is the close ties we have with the legal community in Hong Kong. After receiving this case, we immediately initiated a mechanism for coordination between the two places. On one hand, we collected evidence in the mainland of the male party's intention to conceal and transfer assets; on the other hand, we immediately connected with our lawyer colleagues who have been collaborating with us for many years in Hong Kong, asking them for assistance. They used the legal procedures in Hong Kong to retrieve the transaction records of the Hong Kong account and precisely trace the final destination of this money.
Reporter:In addition to property, is the issue of child custody also complex in cross-border divorce?
Tang Yunhong:Yes, the issue of the child is another major point. We have a case where a mainland mother and a Hong Kong father are fighting for custody. The child holds a Hong Kong registration, but has lived and attended school in Shenzhen from a young age, with their social and living circles all here. At that time, we told this mother, "What you need to do now is to prove to the court that the child is living a very stable and happy life here." We guided her to meticulously collect the child's school records in Shenzhen, photos of their participation in extracurricular activities, videos of them playing with neighborhood children, and even had neighbors willing to testify. In the end, the court based"Maximizing the interests of children"This core principle holds that maintaining the child's existing stable living environment is most conducive to their growth, and custody was awarded to the mother. Of course, we also designed a very reasonable visitation plan for the father to ensure that his love will not be absent.
Reporter:It seems that handling such cross-border domestic cases indeed requires a strong comprehensive team.
Tang Yunhong:No mistake. Our role is more like the client's "Legal General Manager." From the initial analysis of the case and the strategy of litigation in the mainland or Hong Kong, to the mid-term coordination between lawyers on evidence collection, and finally the mutual recognition and enforcement of the judgment, we provide a full-process, seamless service. Especially for some high-net-worth clients, while handling divorce cases, we will also coordinate with family wealth management consultants, comprehensively utilize tools such as marital agreements and family trusts, and help clients build a "firewall" for wealth in advance, preventing problems before they arise.