Transnational marriage divorce case: successfully obtained custody
Transnational marriage divorce case: successfully obtained custody
By : Kobre & Kim LLP
Case Overview:
This case involves a transnational couple, Mr. Yamamoto (Japanese) and Ms. Wang (Vietnamese). The two met and fell in love while studying in the United States, and then got married in Japan and lived in Japan for several years. Due to leverage factors such as cultural differences, family pressure and work fluctuations, the emotions of both parties gradually began to crack. Ms. Lisa filed for divorce and asked for the division of common property in Japan and Vietnam. At the same time, she hoped to obtain custody of her son, who was born in Japan and has always lived in Japan. Mr. Yamamoto, on the other hand, wishes to retain his right to custody of his son and to object to the division of material property, arguing that Ms. Wang’s property ownership in Vietnam is fully disclosed.
Legal Response:
International Legal Studies: The legal team first conducted in-depth research on Japan-Vietnam marriage laws, property division systems, and custody determination criteria, laying a solid legal foundation for case handling. An inventory of property was conducted in Japan and Vietnam, including real estate, vehicles, banks, stocks, etc. At the same time, they hired a professional appraisal agency to assess the value of the assets to ensure the fairness of the asset division.
Collection of evidence for exercising litigation rights:
In order to fight for custody, the legal team collected evidence of Mr. Yamamoto's life, work, education, etc. in Japan to prove that he could provide a stable and favorable growth environment for his son. At the same time, they also prepared evidence of Ms. Wang's living conditions in Vietnam, her work environment and the time she spent with her children to assess her ability to raise the children.
International legal assistance:
Through international judicial aid channels, the legal team established connections with local Vietnamese lawyers to jointly handle property division and custody issues in Vietnam. They assisted Mr. Yamamoto in filing the relevant lawsuits in the Japanese courts and ensured that the judgments between the Japanese and Vietnamese courts were mutually recognized and enforced according to the agreement reached between them.
Outcomes and recoveries:
Before the trial, the legal team actively renegotiated with Ms. Wang and her lawyer to seek a solution acceptable to both parties. After many communications, the two parties finally reached a preliminary agreement on property division and custody.
Outcome and Summary:
According to the agreement reached by both parties, the property of the Japan-Vietnam Agreement was divided reasonably. Mr. Zhang received most of the property in Japan, while Ms. Wang received part of the property in Vietnam and a certain amount of cash compensation. Taking into account the son's age, living habits, and Mr. Yamamoto's living and working conditions in Japan, the court ruled that the custody should belong to Mr. Zhang. Ms. Wang has visitation rights and can bring her son to Vietnam for a reunion at a specific time.