Men get abused?-What kind of property can be divided in divorce？

A male client from the United States, who resides in Canada, reached out to us and sent several videos showing domestic violence by his wife towards him. In the videos, his wife repeatedly waved a long-handled umbrella and hit him on the legs. Our client did not fight back but kept telling his wife to stop and communicate properly.

We immediately held a meeting with our male client, who told us that he had been married for over ten years and had two children, but his wife’s emotions had been unstable throughout the marriage, often yelling for no reason, which eventually escalated into domestic violence. Our male client could have fought back, but out of a sense of responsibility as a man, he endured without fighting back.
 
Because his wife owned a family business in Zhejiang, China, our male client has been working for her family’s company since they got married. However, he had not received his salary on time for many years. Currently, his wife has been filing for divorce and demanding all the property and custody of their two children.
 
Even worse, because our client both work for his wife’s family business, a customer recently placed an order with our male client and paid a deposit. However, due to the emotional dispute between the two parties, the wife’s family business intentionally refused to deliver the goods after receiving the deposit, causing our client losed credibility.

The male client had several requests when he contacted us:

1. I have filed for divorce in Canada, so do I need to conduct divorce proceedings in China at the same time?
2. I believe that the female party in China has a portion of my property.
3. I want custody of my two children.
4. The commercial dispute I encountered, I hope that my wife’s family business can help resolve it as soon as possible.

During the 4-hour meeting, we answered the client’s questions one by one, and the client praised our professionalism and told us that actually he consulted fifth Chinese lawyer before, but he thought we were the most professional.
 
Regarding the issues that the client was concerned about in this case, I believe there are common questions that arise in international divorce cases:
 
1.If a lawsuit has already been filed overseas, is it necessary to file for divorce in China at the same time? OR Should we wait for the foreign judgment to be recognized?
 
Our response: If China has jurisdiction, we still recommend filing for divorce in China, as only the Chinese court has the authority to divide shared property located in China.
 
2.How to figure out the properties jointly owned by the couple or only owned by one party during a divorce？
The following properties incurred during the existence of marriage shall be jointly owned by both husband and wife:
1) wages and bonuses;
2) any income incurred from production or management;
3) any income incurred from intellectual property;
4) any property inherited or bestowed, with the exception of any property owned by either party decided by the will or the gift contract;
5) other property that shall be jointly owned.
 
3. If the woman inherits her father’s property after marriage, can I claim half of this property?
Our response: Property inherited after marriage belongs to the joint property of husband and wife unless the decedent specifies the heir.
 
If you are also experiencing marital issues, please do not hesitate to contact us at any time. We can provide you with the most professional legal and psychological guidance.