Can Gao Yunxiang and Dong Xuan's "cloud divorce" protect their assets? Lawyer points out...

Recently, an insider revealed that Dong Xuan, mocked by netizens as the "forgiveness guru," has actually divorced Gao Yunxiang. Normally, both parties need to be present for a divorce, but Gao Yunxiang, entangled in a sexual assault case in Australia and unable to return to China, achieved a "cloud divorce" with Dong Xuan via a video call with civil affairs bureau staff.

Last year, when Gao Yunxiang's sexual assault case occurred, Dong Xuan traveled thousands of miles to Australia and even asked her Australian best friend to vouch for Gao Yunxiang.

Why didn't she divorce at that time, but chose to do so in May this year? The insider suggests it's likely due to money.

The insider revealed that in 2018, Tangde Film and Television suffered a loss of nearly 900 million yuan for the year because "The Legend of Ba Qing," starring Gao Yunxiang, could not be aired.

The reason for the couple's divorce is that in April this year, Tangde Film and Television published a court notice stating that the court would hear the case of Tangde Film and Television v.Gao Yunxiang and Beijing Yixuan Cultural Brokerage Co., Ltd.regarding a performance contract dispute. The couple's divorce at this time is likely to evade some debts and transfer assets.

Although the court had frozen over 63 million yuan of Gao Yunxiang's assets in December last year, the final amount Gao Yunxiang must compensate Tangde Company will depend on the terms of the contract signed by both parties, and the actual compensation may exceed the frozen 63 million yuan.

　　A lawyer from Guangdong Zhiming Law Firm pointed out two issues in the news:

　　Does a "cloud divorce" comply with China's legal divorce procedures?

The report says that Gao Yunxiang and Dong Xuan conducted a "cloud divorce" through a video call with a civil affairs bureau staff member.

In China, there are two ways to get a divorce: mutual consent divorce and litigation divorce. China's marriage law stipulates that if both parties voluntarily agree to divorce, the divorce shall be granted.Both parties must go to the marriage registration authority to apply for divorce.。

According to the law, if one party is abroad and cannot return to China in person to handle the divorce procedures, they cannot use the mutual consent divorce method and must proceed through litigation.

Based on current judicial practice, a divorce via video call cannot go through the divorce process.

　　Can debts be avoided by getting a divorce?

Article 41 of China's Marriage Law stipulates: "At the time of divorce, debts incurred for the joint living expenses of the husband and wife shall be repaid jointly. If the joint property is insufficient to cover the debts, or if the property is owned separately, the debts shall be repaid by agreement between the parties; if no agreement can be reached, the people's court shall make a judgment."

Therefore, it must first be determined whether the debts arising from Gao Yunxiang's breach of contract constitute joint debts of the husband and wife.

If the debts are joint debts of the husband and wife, then the assumption of such debts shall be determined based on the method of divorce and the agreement or provisions regarding the debts, whether they are to be borne by one party or both parties.

1. If the divorce is by agreement, and the husband and wife agree that the debts shall be jointly borne by both parties, or if there is no clear agreement on the assumption of joint debts, then the debts shall be jointly borne by both parties.

2. If the divorce is by agreement or mediated by the court, and both parties or the court have allocated the burden of the debts, then thedebts shall be repaid by the agreed repaying party, but the former spouse shall bear joint and several liability for repayment.

Because joint marital debts are indivisible, they cannot be converted into individual debts without the creditor's consent or legal provisions. This is also to prevent, during divorce, all or most of the joint property from being allocated to one party while the debts are borne by the other, thereby harming the creditor's rights.

3. If the court grants a divorce, the judgment should determine which of the former spouses is responsible for repaying the joint debts, meaning the court may rule that one party bears the debt. However, a court divorce judgment differs from mediation; it is a fair, objective, and comprehensive decision based on a thorough review of all aspects of the case, including joint property, joint claims, and debts, with clear facts and solid evidence. Therefore, it is generally unlikely that legal loopholes or debt evasion will occur.

Thus, it is quite difficult for Dong Xuan and Gao Yunxiang to evade debts and preserve assets through divorce.