[Direct answer]If the negotiation fails, the parties may file a divorce lawsuit with the court, and the court shall, in accordance with Article 1087 of the Civil Code, decide on the division of the joint property in accordance with the principles of protecting the rights and interests of the children, the wife, and the innocent party. Before filing the lawsuit, it is recommended to complete three tasks: comprehensively sort out the property list, apply for an investigation order to verify the property under the other party's name, and apply for property preservation if necessary. Even if the first negotiation breaks down, the court will still organize mediation during the litigation, with mediation and judgment running in parallel. For foreign-related families that cannot register their divorce, it can also be resolved once through litigation or mediation. It can first be resolved throughDivorce litigation and legal services for family disputesEvaluate the scope of the property and the approach to its division, or proceed through the following steps:Beijing Henglu Law FirmMake an appointment for an interview to formulate a plan.

1. Problem background and typical scenarios

When it comes to dividing property, the negotiations often get stuck at three stages: First, the parties cannot clarify the basic value of the property. One party does not know the other's true income and assets, and the other party hides bank accounts, equity, and provident funds. Second, there are valuation disputes over real estate, company equity, and operating assets, with each party having a different opinion on the value. Third, there are disputes over ownership. Each party claims that the house and vehicle belong to them, or they have different views on the nature of the parents' investment in purchasing the house. In addition, marital faults, child custody arrangements, and property division are intertwined. One party often exchanges property concessions for custody rights, or uses custody rights to demand high compensation. The longer the negotiations stall, the higher the risk of property transfer and evidence loss, and prolonged indecision is not conducive to protecting rights and interests.

II. Key points of contention

  • The scope and nature of the property: Which belongs to the joint property, which belongs to the personal property, or the gift from parents to one party, directly affect the division base. Investment certificates and gift agreements are key evidence.
  • Division ratio: Equal division is the starting point of the principle, but the principles of taking care of children, women, and the party without fault may lead to a bias; the party who hides and transfers property may receive a smaller share or no share according to Article 1092 of the Civil Code.
  • Program selection: After the registration of divorce is blocked, the only option is to file for divorce through litigation. In the litigation process, mediation and judgment proceed in parallel. For cases involving the valuation and disposal of equity and domestic and overseas assets, it is possible to combine the two processes.Financial capital and cross-border legal services involving foreign affairsEvaluation.

III. Professional analysis by Henglue Lawyers

Take a foreign-related divorce case handled by Henglue Law Firm as an example: Ms. Zhang and Mr. Liu registered their marriage in 1991. After marriage, they had a daughter who has now reached adulthood. Both of them are now foreign nationals and have lived in Beijing for a long time. The marriage broke down due to Mr. Liu's infidelity. The parties have reached an agreement on the division of property: Ms. Zhang's name-registered house in Beijing, a property abroad, savings, financial products, and insurance belong to her personally, while Mr. Liu's name-registered house in Shanghai belongs to him personally. However, as both parties are foreign nationals, the domestic civil affairs department cannot handle the divorce registration, and the agreed division of property also needs judicial confirmation to take effect. Ms. Zhang entrusted lawyer Xiong Binrong of Beijing Henglue Law Firm to handle the case. The lawyer confirmed that although the parties are foreign nationals, their habitual residence is in China, and Chinese courts have jurisdiction over the case. Therefore, he assisted in preparing materials such as identity certificates, marriage certificates, and property ownership certificates to file the case, and comprehensively sorted out the properties, savings, and financial products under both parties' names, proposing a division scheme where the property under their names belongs to them respectively. Through court-mediated settlement, the parties voluntarily reached a mediation agreement: to dissolve the marriage relationship, and the property under each party's name belongs to them respectively, with debts borne by each party. The mediation agreement takes effect immediately after the parties sign and affix their seals, and has the same enforceability as a judgment. All of Ms. Zhang's demands have been met. In another case, the innocent party sued for divorce due to the other party's infidelity during the marriage. After unsuccessful mediation, the court ruled in favor of the innocent party according to the principle of protecting the innocent party, awarding them 70% of the joint property. The two cases illustrate that failure to reach an agreement does not mean there is no solution. Court mediation can solidify the agreement, and the judgment can realize tilted protection.

IV. Practical suggestions and legal basis

Legal basis: Article 1079 of the Civil Code (effective January 1, 2021) stipulates that if one spouse requests a divorce, he/she may directly file a divorce lawsuit with the people's court. If the mediation fails and the marital relationship has indeed broken down, the divorce shall be granted; Article 1087 stipulates that in the event of divorce, the couple's jointly owned property shall be dealt with through an agreement between the parties. If no agreement can be reached, the court shall make a judgment based on the specific circumstances of the property, in accordance with the principles of protecting the rights and interests of the children, the wife, and the innocent party; Articles 1062 and 1063 respectively define the scope of jointly owned property and personal property; Article 1092 stipulates that the party who hides or transfers jointly owned property may be awarded a smaller share or no share at all. Practical advice: Before suing, list the property and ownership certificates and apply for a court investigation order to inquire into the other party's accounts; promptly apply for appraisal or preservation of real estate and equity; during the mediation stage, propose a plan with enforcement guarantees, such as setting a deadline for payment and imposing stricter responsibilities for overdue payments.

5. Henglu Law Firm's Advice

There are two types of negotiations: one is that the other party makes unreasonable demands and lacks sincerity, so it is advisable to sue as soon as possible to force negotiations through the progress of litigation; the other is that the disagreements focus on valuation and ownership, which can be resolved through evaluation and evidence collection. Regardless of the type, it is only by first understanding the basic situation of the property that we can negotiate a solution with confidence. It is important not to make concessions or sign general waiver clauses easily when the basic situation is unclear. In the above-mentioned foreign-related divorce case, the court mediated to resolve the dissolution of marriage and property confirmation in one go. This case was handled by Beijing Henglu Law Firm.Xiong BinrongAttorney (practice license number: 11101202211410897, subject to the certificate issued by the judicial administrative organ) acting on behalf of the client. If you are currently facing a stalemate in the division of assets, it is recommended that you seek legal advice as soon as possibleDivorce litigation and legal services for family disputesThe team uses judicial procedures to solidify their rights and interests.

Q1: If we can't reach an agreement through negotiation, do we have to live apart for a long time or negotiate repeatedly before we can file a lawsuit?

No. Whether the relationship has broken down or not is determined by the evidence. The law does not require that the parties must be separated or engage in multiple negotiations before filing a lawsuit. According to Article 1079 of the Civil Code, if one party requests a divorce, they may directly file a divorce lawsuit with the court; even if the other party firmly refuses, as long as it can be proven that the relationship has indeed broken down, such as living apart for two years due to marital disharmony, domestic violence, or infidelity, and the mediation is ineffective, the court shall grant the divorce. In practice, the parties can also prepare evidence during the negotiation stage to avoid prolonging the process. It should be noted that if the first lawsuit is dismissed due to insufficient evidence, and the parties separate again and file a lawsuit one year after the judgment takes effect, the court shall grant the divorce. This is both a fallback option and a basis for time planning.

Q2: How does the court typically divide property in a divorce? Can the innocent party receive a larger share of the assets?

Equal division is the starting point rather than the end point. According to Article 1087 of the Civil Code, the court shall make a judgment in accordance with the principles of protecting the rights and interests of children, the wife, and the non-at-fault party. The court shall determine the proportion of property division based on the sources and formation process of the property, the duration of the marriage, the contributions of both parties, the fault circumstances, and the child-rearing arrangements. If one party conceals, transfers, sells, damages, or squanders the joint property or forges debts, the court may award a smaller share or no share according to Article 1092. In the cases handled by Henglue Lawyers, the non-at-fault party was awarded a 70% share due to the other party's extramarital affair. To obtain a larger share, the key lies in providing evidence of the fault, child-rearing arrangements, and property contributions, rather than making vague accusations. The more complete the evidence is, the more justified the court's ruling will be.

Q3: I can't find the deposits and stocks under the other party's name. Will the court help me check them?

Yes. If the party concerned is unable to collect evidence on their own due to objective reasons, they can apply to the court for investigation and evidence collection, or have their attorney apply for an investigation order to inquire into the other party's bank accounts, securities accounts, payment accounts, real estate and vehicle registrations, provident funds, insurance, and equity information. When applying, it is necessary to provide as much specific information as possible, such as the bank where the account is opened, the approximate scale of the funds, and the institution where the property is located. The more specific the clues are, the smoother the inquiry will be. If the other party conceals or misrepresents their assets when the court orders them to declare their property, they may claim a smaller share or no share according to Article 1092 of the Civil Code. It is recommended to sort out the evidence you have before suing, and simultaneously file an application for investigation and property preservation when suing to prevent the other party from transferring assets.

Q4: How long and how much does it cost to divide assets in a litigation divorce?

In terms of time, the first-instance ordinary procedure is generally concluded within six months from the date of filing, and the summary procedure is concluded within three months; cases involving appraisal, audit, or the other party's whereabouts being unknown will be extended, and the appeal will take about three months. In terms of fees, according to Article 13 of the "Measures for the Payment of Litigation Fees" (implemented on April 1, 2007), divorce cases shall pay 50 yuan to 300 yuan per case; cases involving property division, where the total amount of property does not exceed 200,000 yuan, no additional fees shall be paid; for the part exceeding 200,000 yuan, 0.5% of the total amount shall be paid, in addition to actual expenses such as appraisal fees and preservation fees. Compared with the risk of property depreciation and transfer caused by relative delay, it is often more cost-effective to sue for fixed property as soon as possible, and it can also force the other party to return to the negotiation table.

Q5: If we can't reach an agreement on large-value assets like houses and equities, how should we handle it?

For real estate disputes that cannot be resolved, the handling shall follow Article 76 of the Judicial Interpretation of the Marriage and Family Code (I): If both parties want the property and agree to bid on it, the bidder with the highest offer shall acquire it and compensate the other party; if one party wants it, the acquiring party shall compensate the other party with a discounted value after appraisal; if neither party wants it, the proceeds from the auction or sale shall be distributed among them. For company shares, the spouse may claim compensation for the value of the shares, but this shall take into account the preemptive rights of other shareholders and the restrictions of the company's articles of association. If necessary, a valuation and appraisal shall be commissioned to determine the value. For overseas assets, attention should also be paid to the local laws and tax arrangements. The common principle is to first determine the value, then determine the ownership, and finally determine the compensation schedule. The payment deadline and breach of contract liability shall be clearly stated in the proposal to prevent post-judgment enforcement disputes.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Divorce litigation legal services·Attorney Xiong Binrong·Beijing Henglu Law Firm