Recently, King&Capital's Civil and Commercial Litigation Department, Mr. Cai Kangmiao and Mr. Xu Siqi (intern) represented a property dispute case that occurred six years after a foreign divorce, and achieved a favorable result for the client despite the legal gaps in China on the related issues!
Introduction of the case
In 1996, the woman Wang Mou (Chinese nationality) and the man G Mou (Danish nationality) registered their marriage in China, and in 2017, they went through divorce procedures in Denmark, and the common property of both parties in Denmark was divided by the Danish court.
After a lapse of 6 years, the male party, G (plaintiff), filed a lawsuit against the female party, Wang (defendant), with the Beijing Chaoyang District People's Court, requesting for the division of 3 sets of real estate properties (2 in Chaoyang District, Beijing and 1 in Baotou City, Inner Mongolia) and the rental proceeds in the name of the female party, Wang. The female party, Wang Mou, appointed Mr. Cai Kangmiao and Mr. Xu Qi (intern) from King&Capital Law Firm to respond to the lawsuit.
Difficulties
As the couple's divorce was processed in the Danish National Administration, and China's current law does not have any provisions on the validity of documents other than divorce judgments issued by foreign courts, nor any prior judgment in judicial practice.
Progress of the case
The two lawyers accepted the client Wang Mou (the woman) entrusted, carefully examined all the case information, sorted out the case and found that the man with the Danish divorce judgment directly to the main property court (Beijing Chaoyang District People's Court) to request the division of the house and the rent, avoiding the validity of the Danish divorce documents in China, the woman is extremely unfavorable.
So the two lawyers first step first to the people's court of beijing chaoyang district, the dispute is the breakdown of marital relations between husband and wife property division rather than the male party claimed that the division of the common things, then the jurisdiction of the court should be the woman wang mou domicile or habitual residence of the court, the court of the chaoyang district adopts the two lawyers point of view, the case will be transferred to the woman wang mou domicile of a people's court of baotou city, inner mongolia to hear.
After the success of the first step, the two lawyers then held by the man of the Danish national administrative bureau of the validity of the "divorce (registration) judgment", due to the law of our country there are gaps in the relevant issues, judicial practice, except for the foreign courts to be recognized by the case law of the divorce judgment. Through a great deal of argumentation by the two lawyers, the court once again adopted our lawyers' view that the Danish Divorce (Registration) Decree held by the man could not have the legal effect of dissolving the marriage between the plaintiff and the defendant. Therefore, the man's claim for the division of the couple's common property did not have a legal basis, and the lawsuit was rejected by the court in its entirety in favor of our client!
Conclusion
With the development of real estate in China for more than ten years, the value of property usually accounts for a large proportion of the family asset structure, and once the marriage breaks down, how the property is divided is usually the main point of contention between the husband and wife. Cai Kangmiao is King&Capital law firm marriage and family litigation "star lawyers", in the marriage and inheritance related cases have rich experience in practice, foreign marriage case service client status involves the United States, Canada, Denmark and many other countries, customers usually come to us, and Mr. Cai through the rich personal experience and Xu (intern) lawyer (intern) Lawyer Cai, through his rich personal experience and Mr. Xu's (intern) unremitting efforts to help the client Wang Mou successfully deal with a complex property division battle, to protect the client's assets of tens of millions of dollars without any loss, and gained the client's great recognition.
