After signing a divorce agreement, the husband and wife divorced. However, after the divorce, the husband did not fulfill the terms of the divorce agreement. Therefore, our client, the wife, entrusted us to sue the husband in court.
Our client is an American, she married her ex-husband in China in 2009.
On 20 July 2022, Landing Lawyer Abby Wang and her assistant Maggie went to Huicheng District People’s Court. We arrived at the gate of Huicheng District People’s Court one hour in advance by car. After Sorting out the materials of the case, we met with our client’s brother, got the relevant original evidence.
After our sufficient preparation, the trial began. The case was presided over by a female judge, and there were two jurors present. This case is a property dispute after divorce. According to the divorce agreement, we can ask the client’s ex-husband to transfer the property to our client’s name, and to pay our client a penalty of RMB 500,000 caused by breach of contract.
In the court session, the defendant did not hire lawyers. And because he did not understand the court process very well, before the trial began, the judge explained to him for a long time. The judge told him the various aspects of the court argument, and the flow of the whole trial.
During the trial, the defendant avoided answering the question of his breach of contract. Instead, he told the story of their marriage and the reason he thought why he had breached the contract. We argued to the judge that the defendant’s remarks had nothing to do with his breach of contract, and his remarks were not true. Before the trial, we had predicted the argument that the man might make. And by asking our client the actual situation, we got ready to respond to all the questions. It can be said that the defendant in the court on the performance and speech were all within our expectations.
After we had rebutted the defendant’s argument, the judge had a clearer view of the case. The judge then asked the defendant several key questions. The defendant knew that the answers to these questions would not help him, but he could only tell the truth to the court because lying in court is a criminal offense.
It is worth mentioning that if the defendant had a lawyer, the trial would not have been so fast and smooth. Because if the lawyer found that the case is unfavorable to his/her side, he/she will mislead the judge through debate, or delay the process of the trial.
What is more interesting is that after the trial, the two people’s jurors who understood the whole case joked with the defendant and said: “You should spend time to learn more legal knowledge, if you do not know the law, doing business is easy to lose.”
After two hours, the whole trial smoothly and quickly ended. After the trial, we began to contact the court to promote the preservation matters. Because this case involved transfer of ownership of property, we requested the defendant to transfer the ownership of the property to us. To prevent the defendant from resale of the property prior before the hearing of the case, we applied to the court for freezing the property and prohibiting all property transactions.
Based on the situation of today’s trial, I think the result of this trial will not let us down. Usually, Chinese courts will not issue the verdict in court, the verdict needs to wait for 1- 2 months.
After the trial, I contacted our client immediately. The client had stayed up in the middle of the night (US time), waiting for the outcome of the trial. I called the client and told her that she could go to sleep without worry. She was very happy and felt that a big stone in her heart had finally fallen to the ground. The client expressed her gratitude to us, and also praised us, said that we prepared too full, everything is very appropriate.
The next day, our client called me again to ask about some follow-up court arrangements. I explained them to her in detail. The case came to an end for the time being. Of course, I also did a good job in reminding the task, and will never miss the follow-up work.
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