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"Lawyer Shen, he has an apartment in Nanshan. We're getting divorced now—can I get a share

Q: If the relationship breaks down and we divorce, how exactly is the post-marital property divided? What standards does the court use to rule?

In Shenzhen divorce litigation, approximately 70% of cases involve property division, and more than half of the cases have subject amounts ranging from 3 million to 8 million RMB. According to Article 1087 of the Civil Code, upon divorce, the community property of the husband and wife shall be disposed of by mutual agreement; if the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and in accordance with the principle of protecting the rights and interests of the children, the wife, and the party without fault. Specifically to Shenzhen's judicial practice: for real estate purchased with community property after marriage and registered in the names of both parties or one party, the shares are generally divided 50% each—however, if one party has engaged in conduct such as concealing or transferring property, or if one party has made significantly greater contributions to the family, the judge has the authority to adjust the division ratio accordingly. In a case at Futian District Court, because the wife had been a full-time caregiver for a long time and the husband was at fault, the property division ratio was adjusted to 60% for the wife and 40

你可以采取以下措施追回被转移的财产并保护自身权益： 一、立即向法院申请财产保全 开庭前发现是关键时刻，应尽快向受理离婚案件的法院提交财产保全申请，冻结丈夫名下的银行账户、股权等财产，防止其继续转移或隐匿。申请时最好提供财产线索，如银行账号、证券账户等，并可能需要提供担保。 二、申请法院调查取证 如果自己无法直接获取丈夫的转账流水、股权变动记录等证据，可以向法院提交调查取证申请书，请求法院调取： - 银行交易流水（尤其关注大额、频繁、异常的转账） - 证券/股权变更登记记录 - 公司股权转让协议 - 相关工商登记变更资料 三、在庭审中主张该财产属于夫妻共同财产 根据《民法典》第一千零九十二条，夫妻一方隐藏、转移、变卖、毁损、挥霍夫妻共同财产，或者伪造夫妻共同债务企图侵占另一方财产的，在离婚分割夫妻共同财产时，对该方可以少分或者不分。你可以在庭审中明确主张丈夫的转移行为，要求其在分割财产时承担不利后果。 四、要求丈夫说明财产去向 你可以要求丈夫就转移行为作出合理解释，说明资金流向和用途

Such situations are common in foreign-related and high-net-worth divorce cases in Nanshan and Qianhai. The legal basis is Article 1092 of the Civil Code: if one spouse conceals, transfers, sells off, damages, or squanders marital property, or forges marital debts in an attempt to encroach upon the other spouse's property, that spouse may receive a smaller share or no share at all when dividing marital property upon divorce. Attorney Shen Jinlong, head of the Zhiming Law Firm team, once represented a high-net-worth divorce case where the client had 8 million RMB in pre-marital deposits, which were transferred by the other party in multiple transactions to relatives' accounts after marriage. The team successfully preserved all 8 million RMB of the client's pre-marital property by applying to the court to obtain bank transaction records and conducting a forensic audit of the funds. At the same time, the court found the other party's transfer conduct established, ordering them to receive 15% less in the division of the remaining property. The key actions

Q: How is custody of two children decided? Will the fact that they have been raised by their grandparents affect the custody ruling?

The core standard for determining child custody in Shenzhen courts is the "best interests of the minor" principle, based on Article 1084 of the Civil Code: children under the age of two should generally live with their mother; for children who have reached the age of eight, their true wishes should be respected. For families with two children, courts do not necessarily award "one child to each parent." In a 2024 case from Longhua District Court, two children (aged 7 and 9 respectively) had long lived with their mother, and the father worked abroad year-round. The court ultimately awarded custody of both children to the mother, while ordering the father to pay a total of 12,000 yuan per month in child support until each child reaches the age of 18. It should be particularly noted that if the children have long been cared for by grandparents and both parents have comparable circumstances, the court will tend to maintain a stable living and growth environment rather than mechanically allocating custody based on gender or age.

Q: Should you hire a lawyer for divorce negotiations? At what stage is it most appropriate to get involved?

If you have real estate, equity, or significant financial assets in Shenzhen, it is advisable to retain a lawyer before drafting the Divorce Agreement. As a well-established Shenzhen law firm with 26 years of experience, Zhiming Law Firm has handled over 10,000 matrimonial and family cases as well as litigation and arbitration cases. Director Shen Jinlong, with 26 years of practicing experience, holds a master's degree from Fudan University and is a senior economist. He previously served as a senior executive in a state-owned enterprise and specializes in complex divorce cases involving corporate equity division and cross-border asset concealment. A compliant divorce agreement should not only specify the ownership of real estate but also set forth the timeframe for property transfer, breach clauses, and mechanisms for adjusting child support—any omission may leave latent problems. Our office is located at Room 1802, Block A, Xintian Century Business Center, Shixia North 2nd Street, Futian District, Shenzhen. You are welcome to bring your existing property inventory for an in-person consultation, where lawyers will assess the risks and help you reach an effective solution before litigation.

Divorce marks the end of an emotional relationship, but it is also a restructuring of property rights. The average trial period for divorce cases in Shenzhen is 3 to 6 months; however, if overseas assets or company audits are involved, the period may extend to over a year. Whether you are in the stage of agreement negotiation, litigation preparation, or enforcement, clarifying the legal basis, fixing property evidence, and anticipating adjudication tendencies are the three cornerstones for safeguarding your rights and interests. If you are facing similar difficulties, you are welcome to call Guangdong Zhiming Law Firm's consultation hotline at 0755-25986969, and we will provide you with one-on-one professional analysis.