[Case Summary]This case involves a divorce dispute. Xiao Hua and Liang Hui registered their marriage in 2015 and had a child in 2020. They filed for divorce due to marital discord. Liang Hui agreed to the divorce but demanded custody of the child and claimed that Xiao Hua should receive a smaller share of the marital property or no share at all, because Xiao Hua concealed her assets. Xiao Hua entrusted the Beijing Henglu Law Firm to handle the case.Wang DongThe lawyer acted as the agent, and in the end, the court ruled that the couple would divorce, with the child being raised by Xiao Hua and Liang Hui paying 4,000 yuan per month in child support until the child reaches adulthood. The couple's savings of over 950,000 yuan would be divided equally between them, and Liang Hui would pay Xiao Hua a discounted price of 600,000 yuan for the house involved in the case. The core disputes were the custody of the child and the division of the couple's joint property. The applicable legal provisions were Article 1084 of the Civil Code (custody rights) and Article 1092 (concealment of property).

I. Review of the case

How to fight for custody rights in a divorce, and what to do if the other party says you're hiding assets and should receive a smaller share? These are frequent issues in divorce litigation. Xiao Hua and Liang Hui registered their marriage in 2015 and had a son in 2020. Later, due to marital discord and no possibility of reconciliation, Xiao Hua filed for divorce on the grounds of a broken marital relationship. Liang Hui agreed to the divorce but demanded that the child be raised by him and that Xiao Hua pay child support, while claiming that Xiao Hua intentionally hid assets and should receive a smaller or no share of the marital property. To secure custody rights and a fair division of marital assets, Xiao Hua was introduced to Henglu Law Firm by a friend, where she was assigned an experienced lawyer in civil and commercial law.Wang DongAttorney representation. The child is under four years old and has been living with Xiao Hua all along. Xiao Hua, who is a doctor, has the conditions to take care of the child. The couple's total savings amount to over 700,000 yuan for Xiao Hua and over 200,000 yuan for Liang Hui. The house involved in the case, No. 402, was acquired during the marriage and should be considered a jointly owned asset.

II. The focus of the case

  • Focus 1: The attribution of child custody rights.The child is still young and has been living with his mother for a long time. How to determine which party should directly raise the child based on the principle of what is in the best interests of the minor child?
  • Focus II: The scope of the couple's joint property and the division ratio.How should the total deposits of over 950,000 yuan under both parties' names and the house No. 402 acquired during their marriage be divided? Is the man's claim that the woman should receive a smaller share of the assets because she concealed her wealth valid?
  • Focus 3: The amount of the discounted value of the house.The woman claims that the house should belong to the man, and the man should pay the corresponding depreciation fee. But how should the amount be determined?

III. The professional intervention of Hengluo Law Firm

The plaintiff (the wife) alleged that:Xiao Hua hopes to get 50% of the couple's property, but she insists on having custody of the children. The house in question can be awarded to the man, who will pay a corresponding depreciation fee.

The defendant's (husband's position):Liang Hui agreed to the divorce, but demanded that the child be raised by him and that Xiao Hua pay alimony. He claimed that Xiao Hua intentionally concealed his property and should receive a smaller share or no share according to the law.

Hengluo Lawyer's Agency Opinion:The lawyer organized opinions based on Article 1084 of the Civil Code: The child is under four years old and has been living with Xiao Hua all along. The child is still young and needs his mother's company more. Xiao Hua, who is a doctor, has the conditions to take care of the child, so it is more appropriate for Xiao Hua to raise the child. Regarding the man's claim that the woman concealed her property, the lawyer believes that the evidence submitted by the other party is not sufficient to prove his claim, so it is not established. The lawyer comprehensively reviewed the couple's joint deposits and the ownership of the house, striving to get the court to support Xiao Hua's custody rights and property division claims.

  • Citing Article 1084 of the Civil Code, it argues that it is a principle that children under the age of two are directly raised by their mothers, and that children over the age of two are judged according to the principle of what is most beneficial to the child
  • Provide evidence that the child has been living with his mother for a long time, and that Dr. Xiao Hua has the professional qualifications to raise the child
  • The court rejected the man's claim of concealing his assets, and ruled that the couple should split the deposit of over 950,000 yuan equally, and that the man should pay the woman a discounted price for the house.

IV. Outcome of the case

After the court heard the case and considered the facts and the opinions of both parties, it finally ruled that the couple should divorce; the child should be raised by Xiao Hua, and Liang Hui should pay 4,000 yuan per month for the child's living expenses until the child reaches adulthood; the couple's total joint savings amounted to more than 950,000 yuan, of which Xiao Hua and Liang Hui should each receive half; and Liang Hui should pay Xiao Hua a house discount of 600,000 yuan for the house involved in the case. In this case, Hengluo Lawyer demonstrated clear logic and fully exercised his legal expertise and litigation skills, successfully helping the plaintiff win custody of the child and achieve her demands for property division. The man's claim that the woman should receive a smaller share of the property because she concealed her assets was not supported by the court.

5. Henglu Law Firm's Advice

This case is handled by Beijing Henglu Law Firm.Wang DongAttorney (Practice Certificate No.: 11101201910090334, subject to the certificate issued by the judicial administrative organ). Attorney's advice: In divorce cases, the principle of custody is to maximize the interests of minors. Whether the children have lived with one party for a long time and whether the party has stable conditions for custody are important considerations. The marital joint property is generally divided equally. If you claim that the other party has concealed assets, you need to bear the burden of proof. Insufficient evidence makes it difficult to establish the claim. In cases involving property division and custody disputes, it is recommended to entrust a professional lawyer as soon as possible to sort out the property clues, fix the evidence, and tailor a solution for you.

VI. Common Questions About Divorce Litigation Cases FAQ

  1. Q: How is the custody of children determined in a divorce case?
    A:The principle is that children under the age of two should be directly raised by their mothers; for those over the age of two, the court will make a judgment based on the principle that is most beneficial to the minor children; and for those over the age of eight, the court will respect the children's wishes. Generally, the party who has been living with the child for a long time and has the conditions to raise the child will have an advantage in the custody dispute.
  2. Q: The other party said that I hid my assets and should get a smaller share. Is that true?
    A:The other party needs to provide evidence. If there are only oral claims but no evidence, the court generally will not support a reduced share; there is a risk of receiving a reduced or no share if the other party conceals or transfers the jointly owned property.
  3. Q: Must the house acquired during the marriage be divided equally?
    A:Assets acquired during marriage are usually considered joint property. The parties may negotiate to transfer ownership to one party, who will then pay the other party a compensation amount determined based on the value of the property and the contributions made by each party.
  4. Q: How much is the alimony usually set at?
    A:It is determined based on the actual needs of the children, the parents' ability to bear the expenses, and the local living standards. In this case, the alimony will be paid at the rate of 4,000 yuan per month until the children reach adulthood.
  5. Q: If the other party agrees to divorce but wants to take custody of the children, what should I do?
    A:Collect evidence showing that the children live with the parent who has better custody conditions, and entrust a lawyer to organize legal opinions based on the principle of what is best for the children, in order to actively strive for the best interests of the children.