Recently, Mr. Cai Kangmiao represented a Danish transnational divorce dispute that took nearly five years to conclude, and both parties finally reached a consensus and agreed to mediate to conclude the case under the coordination of many negotiations.

This case is a Danish man, the woman nationality is Chinese, the two sides in 1996 in China, registered marriage, due to the relationship between the two parties in 2017 in Denmark for divorce procedures; at the same time, the Danish court in Denmark on the Danish house and a set of houses located in Baotou, China to reach a division of opinion, but did not carry out. As the parties lived in China during the marriage, there were three houses in Chaoyang District, Beijing registered in the woman's name that were not yet divided, so the man sued the woman as a plaintiff for the division of the couple's common property.

At the beginning of 2020, the man filed a lawsuit with the People's Court of Chaoyang District, Beijing, where the real estate is located, on the grounds of division of common property. Mr. Cai Kangmiao immediately filed a jurisdictional objection for two reasons: firstly, the “certificate of divorce in Denmark” submitted by the man was issued by the Danish National Administration, not by the Danish court, and in the judicial cases available for reference, only the divorce judgment issued by the foreign court was recognized, and no cases of recognition of other foreign administrative agencies have been found. We have not found any other cases in which a divorce certificate issued by a foreign administrative body has been recognized. Therefore, it is not recognized that the parties have been divorced, and therefore the division of property cannot be carried out directly. Secondly, even if the marriage relationship between the parties has been dissolved, but the house is also a divorce property division of the leftover issues, should be based on the identity of the relationship to the post-divorce property disputes as the cause of the case. Therefore, the case should be transferred to the woman's domicile for trial. Mr. Cai's jurisdictional objections were adopted by the Beijing Chaoyang District People's Court, and the case was transferred to a court in Baotou City for trial after about six months. In the trial process, after caikangmiao lawyer rigorous argumentation, sufficient evidence, a court in baotou city of cai lawyer's point of view to be adopted, that the man holds the Danish “divorce (registration) judgment” can't play a role in proving the legal effect of dissolution of the marriage relationship between the plaintiff and defendant. Therefore, the man's claim of the division of the common property of husband and wife does not have the legal basis, the prosecution was dismissed by the court. The man did not appeal.

Immediately after the man in Baotou City, a court to divorce disputes, we received the indictment based on the fact that the woman has long been living in Chaoyang District, Beijing, the jurisdictional objections to our views were once again adopted by the court, the case lasted nine months the case was transferred to the Beijing Chaoyang District People's Court.

After four years from the other side of the lawsuit, the case is finally scheduled for September 2024 hearing. At this time, the client also changed the previous idea and wanted to finish the case as soon as possible, so Mr. Cai Kangmiao changed the previous litigation strategy and expressed his agreement to the court to mediate directly, so the plaintiff and defendant negotiated on the price of a set of houses in Chaoyang District valued at about 9 million dollars, a set of houses valued at about 5 million dollars and a set of houses valued at about 2 million dollars, and we claimed that the Danish court ruled that a discounted price of 450,000 dollars should be given to the woman. After three sessions of mediation, the case was settled at the end of November 2024 and a civil mediation agreement was issued by the court.

The case has been settled for nearly five years and the client and Mr. Cai Kangmiao have already formed a deep friendship, and the client expressed that she recognizes Cai Kangmiao's business ability very much.