Laurinda Ho Refuses to Sign Divorce Agreement, Demands 1.5 Million Monthly; Lawyer Analyzes the Battle Over Wealth Division and Child Custody in Celebrity Divorces
Recently, He Chaolian, daughter of the casino tycoon, was reported to have refused to sign a divorce agreement, with rumors suggesting she fears that a monthly alimony of HK$1.5 million would be cut off once the divorce is finalized. Although the parties involved have not publicly responded, the incident quickly sparked public discussion about the legal maneuvering in divorces among the ultra-wealthy. As lawyers, what concerns us more is: Why is it so difficult to sign a divorce agreement in the face of massive wealth? How does the law balance the interests of both parties? And what lessons can ordinary people draw from this? This article will delve into the property division, child support arrangements, and negotiation strategies in divorce agreements, based on the relevant provisions of the Civil Code and judicial practice.
Why Is a Divorce Agreement So Hard to Sign? — The Dual Dilemma of Legal Procedures and Interest Bargaining
According to Article 1076 of the Civil Code, where both spouses voluntarily divorce, they shall sign a written divorce agreement and personally apply to the marriage registration authority for divorce registration. The agreement shall specify the parties' mutual intention to divorce voluntarily, child custody, property and debt settlement, and other matters. In the He Chaolian incident, if the rumors are true, her refusal to sign may stem from dissatisfaction with the property division plan, or concerns about losing stable financial support after the divorce.
In legal practice, difficulties in reaching a divorce settlement often involve three core issues: first, ambiguous definitions of the scope of property, especially complex assets such as equity, real estate, and trusts; second, disagreements over child custody and visitation arrangements; and third, failure to agree on the amount of alimony or financial compensation. For high-net-worth individuals, marital property may cross national borders and involve multiple jurisdictions, further complicating negotiations. In such negotiations, lawyers serve not only as legal advisors but also as coordinators balancing interests, helping clients clarify their statutory rights and room for negotiation, thereby avoiding prolonged litigation caused by emotional decision-making.
It is worth noting that a divorce agreement does not take effect merely upon signing. According to Article 1077 of the Civil Code, there is a 30-day cooling-off period after filing for divorce registration, during which either party may withdraw the application. If Ho Chaolun did not withdraw within the cooling-off period but subsequently refused to collect the divorce certificate, the agreement would likewise not take effect. Therefore, refusing to sign is merely the starting point of the negotiation game, not the end.
Monthly Alimony of 1.5 Million: Legal Basis and Real-World Controversy
The rumored monthly alimony of HK$1.5 million may correspond to two legal natures: first, periodic payments after the division of community property, and second, financial assistance to a party facing financial difficulty. Under Article 1088 of the Civil Code, if one spouse bears greater obligations in raising children, caring for the elderly, or assisting the other spouse's work, that spouse has the right to request compensation from the other spouse upon divorce. Article 1090 stipulates that if one party faces financial difficulty upon divorce, the other party with the capacity to bear such burden shall provide appropriate assistance.
However, high alimony is not a given. When determining the amount, the court will take into comprehensive consideration factors such as the income levels of both parties, property status, duration of the marriage, and the actual needs of the children. In judicial practice, astronomical alimony mostly appears in divorce by mutual agreement, where it is voluntarily stipulated by both parties; in the case of divorce by litigation, the court is generally more inclined to order a one-time division of property rather than long-term alimony payments, unless child support is involved.
For He Chaolian, if she is concerned about losing financial support after divorce, lawyers would advise her to secure certainty in property-based interests during negotiations, such as property title transfers or trust income rights, rather than relying on promises of monthly cash flow. This is because alimony payments may be terminated due to changes in the other party's financial circumstances or remarriage, whereas property rights protection offers greater stability.
The Hidden Battlefield of Property Division: Equity, Trusts, and Cross-Border Assets
Property division in divorces of the ultra-wealthy far exceeds the average person's imagination. Taking the family of Ho Chiu Lin as an example, their assets may involve equity in listed companies, family trusts, overseas real estate, and more. Under Article 1087 of the Civil Code, community property of the spouses shall be disposed of by mutual agreement at the time of divorce; if an agreement cannot be reached, the people's court shall render a judgment based on the specific circumstances of the property, in accordance with the principle of protecting the rights of the children, the wife, and the non-breaching party.
In practice, however, concealing or transferring property is a common challenge. Lawyers will guide the parties to apply for a property investigation order, or, in accordance with Article 1092 of the Civil Code, the spouse who conceals, transfers, sells off, or destroys marital community property may receive a lesser share or no share upon division. Cross-border assets are even more complex and must be handled in accordance with Article 24 of the Law on the Application of Laws to Foreign-Related Civil Relations, under which the law applicable to marital property relations may be chosen by the parties; otherwise, the law of the place of their common habitual residence shall apply.
If He Chaolian refuses to sign, it may be because she realizes the property clauses in the agreement are unfavorable to her, or she has discovered that the other party has undisclosed assets. In such a case, lawyers can intervene to conduct due diligence, tracing property leads through public information, bank transaction records, and other channels, and put forward reasonable claims during negotiations. For ordinary families, although there may not be huge wealth, they still need to remain vigilant against one party transferring deposits or selling off real estate; promptly applying for property preservation is crucial.
Legal Lessons for Ordinary People on Divorce from the He Chaolian Incident
Although He Chaolian's marriage dispute is celebrity gossip from a wealthy family, the legal issues it reflects carry cautionary significance for ordinary people as well. First, a divorce agreement is not a trivial matter—every clause must withstand legal scrutiny. Lawyers advise consulting professionals before signing, and clarifying key matters such as the property list, debt liability, and custody arrangements to avoid regret afterward.
Second, spousal support or child support is not fixed. Under Article 1085 of the Civil Code, child support may be adjusted due to changes in actual needs or the ability to pay. If one party's income decreases significantly, they may apply to the court for a reduction; if the child's education or medical expenses increase, an increase may also be requested. However, an adjustment mechanism should be stipulated in the agreement to avoid future disputes.
Finally, the law is a tool to protect the weak, not a weapon for the strong. Regardless of wealth, divorce should be handled rationally. If you are facing a similar dilemma, Guangdong Zhiming Law Firm provides specialized legal services for marriage and family matters, offering full support from negotiation to litigation to help you legitimately fight for your rights. Remember, the law does not protect those who sleep on their rights—taking proactive action is the first step.
The story of Ho Chiu-lin is still unfolding, but what deserves more thought on our part is this: when a marriage dissolves, how can we use legal wisdom to protect ourselves and our children's future? May every relationship end amicably; and if not, the law is the final line of defense.
