Issuing Authority: Guozun Cathay Associates – Denmark Office
Date of Conclusion: August 12, 2026
Key Outcomes: Coordinated parallel litigation across both Sino-Danish jurisdictions successfully secured child custody, and completed the full division and settlement of million-kroner funds and property shares in Denmark.
This case was jointly handled by the Denmark Office of Guozun Cathay Associates and the Cross-Border Family Dispute Resolution Team of its Beijing Headquarters. Strictly complying with Sino-Danish family laws and the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (Hague Apostille Convention), and relying on Guozun’s years of experience in cross-border family legal services and practice qualifications in both jurisdictions, the firm provided the Chinese client with a full-chain, highly efficient solution for cross-border marital and family disputes.
This case has been included in Guozun Cathay Associates’ 2026 Typical Case Library for Cross-Border Family Dispute Resolution. Its case-handling model of “domestic expedited divorce and right confirmation + parallel litigation for overseas assets + procedural integration of Hague Apostille certification” is widely applied in the resolution of cross-border marital property disputes in Northern Europe.
I. Case Background and Engagement Process
The Chinese client (the wife) registered her marriage with her Danish spouse in China in 2018 and completed dual authentication of the marriage. After marriage, the couple moved to Denmark together. During the marriage, the husband’s mother transferred part of the share of a Danish property under her name to both spouses, and gifted 1 million Danish kroner to the husband’s account.
When the client applied for a Danish family reunification visa, she paid a deposit of 170,000 Danish kroner to the local municipal council in Denmark. Later, the couple separated for nearly a year due to emotional breakdown, and they have a 5-year-old daughter. The husband agreed to the divorce but refused to divide the real estate and funds in Denmark.
As all core assets were located in Denmark, there were discrepancies between Sino-Danish family laws regarding the rules for determining marital property, and the certification process for cross-border judicial documents was complex. It was difficult to directly dispose of overseas assets through litigation in a single country, leaving the client facing long cycles of rights protection and high barriers to asset enforcement. On August 15, 2025, the client was connected to the Denmark Office through the Beijing Headquarters of Guozun Cathay Associates. Given the three core difficulties of the case – application of laws across Sino-Danish jurisdictions, determination of overseas property ownership, and validity of transnational judicial documents – the Denmark Office activated the “Coordinated Case-Handling Mechanism for Sino-Danish Family Disputes” on the same day, and established a special case team together with the International Department of the Beijing Headquarters. The team was composed of 2 local practicing family law attorneys in Denmark and 3 foreign-related family law attorneys in Beijing, who were fully authorised to represent the client in divorce litigation, child custody claims, and property division matters in Denmark.
II. Full Process of Sino-Danish Joint Case Handling
This case adopted the standardised collaborative model of “the Beijing Headquarters being responsible for marriage dissolution and child custody claims under Chinese law, and the Denmark Office being responsible for local property division litigation and asset enforcement”. All links have written records and verifiable outcomes:
1.August 15, 2025 – September 4, 2025: Cross-Jurisdictional Case Risk Assessment and Litigation Strategy Formulation
Beijing Headquarters: Completed preliminary sorting of the client’s marriage registration materials, the child’s birth certificate, and domestic asset vouchers; issued the Legality Assessment Report on Divorce and Child Custody under Chinese Law, confirming the full validity of the marriage and that the child custody claim had sufficient factual and legal basis; simultaneously sorted out initial clues to assets in Denmark, and identified the core nodes and risk points in the connection of domestic and overseas procedures.
Denmark Office: Relying on the property inquiry channels of the Danish Family Court and the information system of the municipal council, it verified the ownership registration information of the involved Danish property, the bank account statements under the husband’s name, and the payment status and custody rules of the 170,000 Danish kroner family reunification visa deposit within 3 working days, ruling out the risk of asset transfer. Meanwhile, it issued the Legal Opinion on the Determination of Marital Community Property under Danish Law, clarifying the feasibility of dividing donated assets and the deposit. The case team simultaneously determined the parallel litigation strategy of “filing for divorce and child custody domestically, and initiating property division in Denmark”, and started preparations for the Hague Apostille certification of income statements and capital contribution vouchers in Denmark, converting overseas asset evidence into valid supporting materials for domestic litigation.
2.September 5, 2025 – November 10, 2025: Domestic Litigation Filing and Compliance Conversion of Overseas Evidence
Beijing Headquarters: Completed the drafting of all litigation documents, and formally filed a divorce and child custody lawsuit with the basic-level people’s court in Liaoning Province with foreign-related jurisdiction. At the same time, it applied to the court for property preservation filing for overseas assets to prevent the husband from disposing of assets in Denmark during the litigation. For the asset evidence provided by the Danish side, in accordance with the foreign-related evidence rules of the Civil Procedure Law, it guided the Denmark Office to complete notarisation and Hague Apostille certification of the evidence, ensuring its admissibility in domestic litigation.
Denmark Office: Cooperated with the Beijing Headquarters to complete the collection and preservation of asset evidence in Denmark, liaised with local notary public institutions in Denmark, and handled notarisation and Hague Apostille certification for property registration archives, bank statement details, and deposit payment vouchers, ensuring that the documents met the formal requirements for foreign-related evidence of Chinese courts. Meanwhile, it continuously followed up on the husband’s property status and dynamically updated asset clues.
3.November 11, 2025 – January 15, 2026: Issuance of Domestic Divorce Judgment and Cross-Border Certification of Judicial Documents
Beijing Headquarters: Represented the client in domestic litigation proceedings, presented evidence focusing on core dimensions such as child-rearing capacity and stability of the growth environment, and promoted the court to conduct a speedy trial. On January 15, 2026, the local court in Liaoning legally ruled to dissolve the marriage between the two parties, and the client successfully obtained custody of her 5-year-old daughter. After the judgment took effect, it immediately initiated the official translation and notarisation procedures of the judgment document, and simultaneously connected with the Hague Apostille certification channel to prepare documents for subsequent property litigation in Denmark.
Denmark Office: Liaised with the case filing window of the Danish Family Court in advance, clarified the applicable rules and submission requirements of effective Chinese judgments in Danish courts, and simultaneously prepared a full set of filing materials for property division litigation, so that the case could be filed quickly once the domestic judgment certification was completed, minimising the procedural cycle to the greatest extent.
4.January 16, 2026 – March 8, 2026: Commencement of Danish Property Division Litigation and Bank Account Preservation
Beijing Headquarters: Completed the official translation and Hague Apostille certification of the Chinese divorce judgment, and converted the effective judgment into valid legal documents recognised by Danish courts directly in accordance with the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents. Simultaneously, it provided the Denmark Office with a complete list of assets during the marriage and division claims to support the local litigation claims.
Denmark Office: Formally filed a lawsuit for post-marital property division with the Danish Family Court on the basis of the effective Chinese divorce judgment and all evidentiary materials. At the same time, it submitted a property preservation application to the court, and successfully froze the bank account under the husband’s name holding the 1 million Danish kroner gifted funds, preventing the husband from transferring funds and ensuring the enforceability of subsequent judgments or mediation.
5.March 9, 2026 – April 22, 2026: Confirmation of Ownership of Immigration Deposit and Locking of Distribution Path
Beijing Headquarters: Retrieved the client’s domestic fund flow records and income certificates during the marriage, and combined with the deposit payment time, presented evidence to prove that the 170,000 Danish kroner family reunification visa deposit was paid with marital community property, clarified its nature as marital community property, and issued a legal argumentation opinion to the Denmark Office to support local communication claims.
Denmark Office: Issued an official legal letter to the local municipal council in Denmark, attached the Chinese divorce judgment, deposit payment voucher, and community property argumentation opinion, and held multiple rounds of communication with the immigration affairs department of the municipal council. Finally, the municipal council confirmed that the refund conditions for the family reunification visa deposit had been met, agreed to lock in the proportional distribution path of the funds in accordance with the marital community property division rules, and refund the funds directly to the respective accounts of both parties after the dissolution of the marriage.
6.April 23, 2026 – August 12, 2026: Multi-Round Mediation Facilitating Settlement and Full Asset Closing
Beijing Headquarters: Followed up on the Danish mediation process simultaneously, combined with China’s family judicial practice experience, provided the client with legal risk assessment of mediation plans, assisted the client in determining the bottom line and optimal plan for property division, and maximised the client’s legitimate rights and interests.
Denmark Office: Represented the client in multiple rounds of in-court mediation presided over by the Danish court. In response to the husband’s defence that “donated assets are separate personal property”, it accurately cited relevant provisions of the Danish Act on the Financial Conditions of Spouses, combined with property registration archives and the background of the donation, effectively refuted the husband’s claim, and clearly pointed out that donated assets during marriage without a separate property agreement shall be deemed community property in accordance with law. Finally, driven by the joint efforts of Chinese and Danish lawyers, the two parties reached a comprehensive property division settlement agreement on August 12, 2026, which was judicially confirmed by the Danish court: the 1 million kroner gifted funds and 170,000 kroner deposit were transferred to the client’s Danish account on a proportional basis, and the husband compensated the client for the corresponding property share by way of cash discount. The asset settlement of the entire case was completed.
III. Core Case Handling Difficulties and Authoritative Solutions
The difficulties in handling this case are common issues in Sino-Danish cross-border divorce property disputes. Relying on dual-jurisdiction professional capabilities and rich practical experience, the Guozun joint team has formed a replicable standardised solution:
1.Efficiency of Procedural Connection in Cross-Jurisdictional Divorce and Property Division
Professional Bases: Article 27 of the Law of the People’s Republic of China on the Application of Laws in Foreign-Related Civil Relations, the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents, and relevant provisions of the Danish Administration of Justice Act
Solution: Adopt a two-track model of “parallel litigation + mutual recognition of judgments”. Leveraging the efficiency advantage of Chinese courts in hearing marriage and child custody cases, an effective divorce judgment is obtained first. Then, relying on the Hague Apostille Convention to simplify the certification process, the Chinese judgment is directly used as the core basis for property division litigation in Denmark, avoiding repeated trial of the marriage relationship. This approach significantly shortens the overall rights protection cycle, saving nearly 40% of time compared with a single overseas litigation path.
2.Dispute Over the Community Nature of Donated Real Estate and Funds During Marriage
Professional Bases: Article 1062 of the Civil Code of the People’s Republic of China, Article 5 and Article 56 of the Danish Act on the Financial Conditions of Spouses
Solution: Taking the Danish statutory community property regime as the core basis, verify the time of the donation, the status of ownership registration, and whether there is a registered separate property agreement. Clarify the judicial rule that “unless the donor explicitly sets separate property clauses and completes statutory registration, donated assets during marriage shall be included in the community property pool”. By proving that the husband could not provide a legal and valid separate property agreement, his defence of personal property was completely overturned.
3.Difficulties in Division and Transfer of Government-Custodied Immigration-Derived Assets
Professional Bases: Relevant provisions of the Danish Aliens Act, the immigration deposit management rules of Danish municipal councils, and Sino-Danish family property division principles
Solution: Conduct penetrating verification of the fund source and payment time of the deposit, prove that it was paid with marital community property, and break the cognitive misconception that “government-custodied funds cannot be divided”. By directly liaising with the competent department of the municipal council, submitting effective legal documents and property ownership arguments, the municipal council is promoted to confirm the distribution rules in advance, and the funds are directly transferred proportionally after the dissolution of the marriage, avoiding secondary litigation.
IV. Applicable Authoritative Legal Bases
A. Chinese Laws
1.Article 1062 of the Civil Code of the People’s Republic of China: The following properties obtained by the husband and wife during the existence of the marriage relationship shall be the community property of the husband and wife, and shall be jointly owned by them: (1) wages, bonuses and remuneration for labour services; (2) proceeds from production, operation and investment; (3) proceeds from intellectual property rights; (4) inherited or donated properties, except for those specified in Item 3 of Article 1063 of this Law; (5) other properties that shall be jointly owned.
2.Article 27 of the Law of the People’s Republic of China on the Application of Laws in Foreign-Related Civil Relations: Litigation divorce shall be governed by the law of the court’s location.
3.Article 287 of the Civil Procedure Law of the People’s Republic of China: Where a legally effective judgment or written order rendered by a people’s court involves a person subject to execution or property located outside the territory of the People’s Republic of China, and the party requests enforcement, the party may directly apply to a foreign court with jurisdiction for recognition and enforcement, or the people’s court may, in accordance with the provisions of international treaties concluded or acceded to by the People’s Republic of China, or on the basis of reciprocity, request the foreign court to recognize and enforce the judgment or written order.
B. Danish Laws
1.Article 5 of the Danish Act on the Financial Conditions of Spouses: Unless special provisions apply (such as separate property agreements), all property owned by the spouses at the time of marriage and acquired during the marriage shall be community property of the spouses.
2.Article 56 of the Danish Act on the Financial Conditions of Spouses: Upon termination of marriage or division of property, the community property of the spouses shall be divided equally between them, unless otherwise provided by special statutory circumstances.
3.Relevant provisions of the Danish Administration of Justice Act: Foreign effective legal documents complying with the Hague Apostille Convention shall have corresponding legal effect in Denmark and may serve as a valid basis for judicial proceedings.
C. International Conventions
Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (Hague Convention): Public documents between contracting states, after being affixed with a certificate (Apostille) complying with the requirements of the Convention, shall have legal effect in the territory of other contracting states without further consular legalisation.
V. Authoritative Practical Recommendations Based on Case Experience
Combined with years of experience in Sino-Danish cross-border family legal services of Guozun’s Denmark Office, the following three authoritative recommendations are put forward for Sino-Danish cross-border marriage groups and individuals with asset allocation in Denmark:
1.Frontloading of Asset Agreements For cross-border marriages, it is recommended to clarify property ownership through legal forms in a timely manner before or after marriage. For special assets such as overseas donated assets and immigration deposits, the nature of the property shall be agreed in advance through written agreements, and separate property registration shall be completed in Denmark when necessary to avoid subsequent disputes.
2.Normalisation of Evidence Retention Materials such as capital contribution vouchers, ownership registration documents, fund flow records, and donation communication records for cross-border assets shall be properly kept. For asset documents involving Denmark, notarisation and Hague Apostille certification may be handled regularly to ensure the cross-jurisdictional validity of evidence.
3.Professionalisation of Rights Protection Strategies After a cross-border marital property dispute arises, avoid initiating litigation procedures only in a single country. A legal team with service capabilities in both Sino-Danish jurisdictions shall be engaged as early as possible to formulate a plan for parallel litigation or procedural connection, balancing efficiency and rights protection, and avoiding asset loss caused by procedural mismatches.