Fuzhou Cross-Strait Divorce Case Involving Enforcement of Property Disputes

Client Ms. Zhang (Fuzhou resident) married Taiwanese businessman Mr. Wang in Fuzhou in 2008. After marriage, Mr. Wang purchased two commercial shops in Taipei, Taiwan, in his personal name (market value approximately NT$ 2800 million), and bought a residential property in Fuzhou in the couple's joint name (value approximately ¥260). In 2022, their relationship deteriorated, and Ms. Zhang filed for divorce at the Gulou District People's Court of Fuzhou City. Mr. Wang argued that the Taipei shops were converted from his premarital personal assets and do not constitute marital joint property, and he refused to disclose complete asset information regarding Taiwan.

1. Standards for determining and allocating the burden of proof regarding joint marital property in cross-strait marriages involving Taiwan; 2. Whether the post-marital transformation of premarital assets alters their legal nature; 3. Methods for investigating and collecting evidence of real estate information in Taiwan; 4. Feasibility of recognition and enforcement of mainland court judgments in Taiwan.

1. Determine that the laws of mainland China apply to this case in accordance with the Provisions of the Supreme People's Court on Issues Concerning the Application of Law in Civil and Commercial Cases Involving Taiwan; 2. Request assistance from Taiwanese counsel through cross-strait judicial cooperation channels to obtain property registration records and transaction history for the shop in Taipei; 3. Retain a professional accountant to audit Mr. Wang's post-marital fund flows, demonstrating that the purchase funds for the Taipei shop originated from business earnings accumulated during the marriage; 4. Simultaneously file for asset preservation to freeze Mr. Wang's bank accounts and real estate in Fuzhou, mainland China.

The People's Court of Gulou District, Fuzhou City, granted the divorce and ruled that the funds used to purchase the commercial property in Taipei were derived from joint post-marital business income, constituting marital joint property. The Fuzhou residential property shall be awarded to Ms. Zhang, while rights to the Taipei commercial property shall be held by both parties in 50% shares each. Given the cross-strait judicial assistance framework, the court also issued a certificate confirming the judgment's effectiveness to facilitate enforcement proceedings in Taiwan. Mr. Wang must pay Ms. Zhang economic compensation of RMB 80 (ten thousand yuan). The case was concluded successfully after 18 months.