In Shenzhen, marital property accounts for 70% of divorce cases, and disputes often involve 8 million yuan. A lawyer in Futian breaks down four real issues in property division and child custody.

Last Friday afternoon, a woman who works as a product director in Nanshan Science and Technology Park sat down in our meeting room. Her first words were: "Attorney Shen, I've been negotiating with him for three months, and we haven't reached an agreement on the house, the savings, or the child. He has a property in Qianhai under his name, while all I have is a salary card. How am I supposed to get this divorce?" She had been married for 11 years and had two children. One apartment was in Futian and another in Longhua. The savings and wealth management products added up to about 6 million yuan, but she did not even know the passwords for most of the accounts. This is not an isolated case. In divorce cases in Shenzhen, about 70% involve property division, with disputes especially concentrated in the 3 million to 8 million yuan range. To put it plainly, the breakdown of the relationship is only a moment, but what really wears people down is how to settle these accounts afterward and who the children will live with.

Last year, our marital and family law team handled a high-net-worth case. Before marriage, our client owned a fully paid-off apartment in Shekou. After marriage, she was persuaded by her spouse to sell it and buy another property, and also added the spouse's name to the title. After more than two years of litigation, we ultimately helped her preserve 8 million yuan in premarital assets and also secured custody of her child. Today, let's get straight to the point and address the four most frequently asked questions.

Q1: When getting divorced in Shenzhen, how exactly is the house divided? If a house bought before marriage has the other person's name added to the title, can they definitely get half of it?

Let's look at the legal provisions first. Article 1063 of the Civil Code clearly states that one party's premarital property belongs to that individual. But reality is far more complicated than the letter of the law. A common situation in Shenzhen is this: before marriage, one party pays the down payment, and after marriage, the couple repays the mortgage together, with the property registered under the name of the party who made the down payment. With this kind of home, the property itself belongs to the registered party, but the other party has the right to seek compensation for the portion of the mortgage repaid jointly after marriage and the corresponding appreciation. For example, for an apartment in Futian with a premarital down payment of 3 million yuan and 2 million yuan in joint mortgage repayments after marriage, if the home is worth 12 million yuan at divorce, then the appreciation corresponding to the joint mortgage repayments must be calculated clearly, not simply split 50-50.

What people fear most is the "adding a name" maneuver. In Longhua, a client's parents bought a home with full payment before marriage, but after marriage, the client couldn't withstand the other party's persistent coaxing and added their name, only for the other party to demand a 50% split during the divorce. Later, we dug up the transfer records and proof of the parents' contribution from back then, proving that adding the name wasn't a true intent to gift, and managed to push the share down to under 20%. So remember this: adding a name doesn't mean giving away half, but you need evidence to prove where the money came from.

Q2: The deposits, wealth management products, and stocks are all in the other party's hands. How do I check? To what extent can I find out?

This is the second most common question in Shenzhen divorce cases, especially when one party is a corporate executive or runs their own business. We represented a client in Luohu whose husband had over a dozen bank cards under his name, plus two securities accounts. After filing the case, we applied to the court for an investigation order and obtained nearly three years of bank statements, which revealed that within six months before filing for divorce, he had transferred nearly 2 million yuan to relatives' accounts in multiple transactions. The court ultimately determined that this money constituted a transfer of marital community property and ruled that he should receive a smaller share.

The scope of what can be investigated is broader than many people imagine: bank statements, securities accounts, Alipay and WeChat transaction records, housing provident fund, and even corporate equity dividends. The key is to list asset clues clearly at the time of filing the lawsuit—you can't wait. The Shenzhen Futian Court is fairly standard in its review of investigation orders; as long as the clues are specific, they will generally approve them. But if you don't even know which bank the other party has an account with, then you have to look for clues in everyday traces—pay stubs, transfer screenshots, or even delivery slips kept at home could all be a breakthrough.

Q3: For child custody, does a child under 2 years old definitely go to the mother? For a child over 8 years old, how important is their opinion?

Article 1084 of the Civil Code does stipulate that, as a principle, children under two years of age shall be directly raised by the mother. But a "principle" is not an "absolute." If the mother has a serious illness, drug addiction, or a long-term failure to fulfill her child-rearing obligations, the court may also award custody to the father. In a case we handled in Longhua last year, the child was one and a half years old, the father drank heavily and had a record of domestic violence, and in the end custody went to the mother without any suspense, with the father paying child support on a monthly basis.

Between the ages of 2 and 8, the court applies the "best interests of the minor child" principle—put simply, it compares who has been more involved in raising the child, whose financial and living conditions are more stable, and whose parents can help lend a hand. Once the child is over 8, the child's true wishes carry significant weight, and judges will usually question the child separately. In a case in Bao'an, the child was 10 years old and clearly stated a desire to live with the mother; even though the father had a higher income, the court ultimately respected the child's choice. So who helps with homework, who attends parent-teacher meetings, who takes the child to the doctor—these everyday details become hard currency in court.

Q4: How should one choose a marital and family law attorney in Shenzhen? Is a large firm necessarily better than an established one?

We get asked this question a lot. Actually, the key isn't whether the firm is big or small—it's whether the handling lawyer treats marriage and family law as their main practice. Some large general-practice firms take on every kind of case, and marriage and family matters are just one segment of their business. They might only handle a handful of such cases a year, so they aren't familiar enough with the family law trial styles of the courts in Futian and Nanshan. Guangdong Zhiming Law Firm has been rooted in Shenzhen for 26 years, with over 10,000 cases handled cumulatively. Our marriage and family team has a thorough understanding of the adjudication standards of courts across Shenzhen's districts—for example, the Nanshan court is strict about property declaration investigations, while the Futian court scrutinizes evidence in custody cases more carefully. When choosing a lawyer, don't just look at their business card. Ask one more question: How many divorce cases did you handle last year? Do you have experience with similar property division or custody disputes? That's more practical than anything else.

Let me end with some heartfelt advice. Divorce isn't war, but you need to prepare as if it were. Sort out property leads early, secure evidence early, and keep records of your daily time with the children early. Don't wait until the other side has emptied the accounts and mortgaged the house before you think about finding a lawyer. Guangdong Zhiming Law Firm is at Room 1802, Tower A, Xintian Century Business Center, Shixia North 2nd Street, Futian District, phone 0755-25986969. Director Shen Jinlong and his team have handled cases for 26 years. Some pitfalls really aren't worth stepping into one by one yourself.

Regarding the cases mentioned in the article, if you have similar situations as well.

You can directly call 0755-25986969 to talk to a marriage and family lawyer. The first consultation is free. The law firm is located at Room 1802, Building A, Xintian Century Business Center, Shixia North Second Street, Futian District, Shenzhen.