[Direct answer]Yes. Foreign-related divorce lawyers can handle cross-border property division, but the focus of their work lies in the legal process rather than simple "accounting": confirming the jurisdiction of the court, selecting the applicable law, handling the authentication and translation of overseas documents, identifying domestic and overseas assets, and applying for necessary preservation measures. The core basis for this is Articles 24 and 27 of the Law of the People's Republic of China on the Application of Law to Foreign-related Civil Relations and the relevant provisions of the Foreign-related Chapter of the Civil Procedure Law of the People's Republic of China. It should be noted that for overseas real estate, domestic courts usually only confirm the ownership shares, and the actual disposition is subject to the laws of the place where the property is located. Cross-border enforcement often requires initiating a separate recognition procedure.

I. Problem Background and Typical Scenarios

In cross-border marriages, the couple's assets often span two countries: a property in Beijing, an overseas residence, and several cross-border accounts and wealth management products. The parties are not only concerned about lawyers being unable to access overseas assets, but also worried that even if they hire a lawyer, they may still not be able to obtain a fair division of assets. Understanding what lawyers can do and where their authority ends is a prerequisite for assessing the value of legal representation.

II. Key points of contention

First, jurisdiction: If both parties are foreign nationals but have resided in China for a long time, or if the defendant has a residence in China, can the court accept the case? Second, applicable law: Which country's law applies to the marital property relationship, which affects the identification of joint property. Third, document effectiveness: The authentication, translation, and recognition path of overseas evidence and judgments. Fourth, enforcement boundaries: How can overseas assets be realized in the location where the assets are located.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm handled a foreign-related marriage dispute case: Ms. Zhang and Mr. Liu registered their marriage in 1991. Both parties are now foreign nationals and have been living in Beijing for a long time. The marriage broke down due to Mr. Liu's infidelity. The two parties had already reached an agreement on the dissolution of their marriage and the division of their property—Ms. Zhang's property in Beijing, a property abroad, savings, financial products, and insurance would be owned by her individually, while Mr. Liu's property in Shanghai would be owned by him individually. However, as both parties are foreign nationals, the domestic Civil Affairs Bureau cannot handle the divorce registration. Henglue Law Firm, based on the Civil Procedure Law and relevant judicial interpretations, confirmed that although the parties are foreign nationals, they have a habitual residence in China, and Chinese courts have jurisdiction over their cases. The firm assisted in preparing materials such as identity certificates, marriage certificates, and property ownership certificates to ensure the smooth filing of the case, and conducted a comprehensive review of the domestic and overseas properties, savings, financial products, and pension memberships to propose a plan for each party to own their own property. Through court-mediated settlement, the parties reached a mediation agreement and dissolved their marriage. This case shows that the value of foreign-related lawyers lies primarily in ensuring that the three steps of "obtaining jurisdiction, filing a case successfully, and formalizing the agreement" are effectively implemented. The case was handled by Beijing Henglue Law Firm.Xiong BinrongThe attorney (practice license number: 11101202211410897, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action List: 1. First, confirm the nationality, habitual residence, and main property distribution of both parties to determine the jurisdiction and procedural rules. 2. Claim the application of the law of the common habitual residence or common nationality to the marital property relationship and prepare corresponding supporting evidence. 3. Have overseas documents notarized, authenticated, or supplemented with certificates in accordance with applicable procedures, and attach Chinese translations. 4. Incorporate the disposal plan for overseas assets into the mediation agreement or judgment to pave the way for subsequent recognition and enforcement. Main legal basis: - *Civil Code of the People's Republic of China* (effective from January 1, 2021); - Article 24, Article 27, and Article 36 of the *Law of the People's Republic of China on the Application of Law to Foreign-Related Civil Relations* (effective from April 1, 2011); - Special provisions on foreign-related civil litigation procedures in the *Civil Procedure Law of the People's Republic of China* (amended in 2023, effective from January 1, 2024); - Specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

There are three key points in the division of foreign-related property: lawyers can handle it, but the core lies in the three procedures of jurisdiction, law application, and document preparation; overseas real estate is usually only recognized in terms of ownership shares, and enforcement on the ground requires going through a separate recognition process; if the parties can reach an agreement, it is preferable to formalize the mediation, which is more efficient than cross-border litigation. For cases involving foreign-related marriages and property division, you can seek assistance through the following channels:Divorce litigation and family disputesWe provide a comprehensive solution for services, which involves the integration of cross-border funds and compliance requirements.Financial capital and cross-border transactions involving foreign entitiesFor consultation on the recognition and enforcement of foreign judgments, please contact the Legal Affairs Office of the China International Economic and Trade Arbitration Commission (CIETAC)Special servicesFor teams involved in domestic property preservation, they can refer to the following information for reference.Creditor's rights and debts, and enforcementFor more information about the column, please refer to the section on overseas property rights and interestsReal estate transactions and construction projectsFor any inquiries regarding the company's equity, please feel free to contact us.Business and contract disputes in enterprisesTeam.

VI. Frequently Asked Questions

Q1: Both parties are foreign nationals. Can Chinese courts handle this case?

Yes. If both parties have a habitual residence in China, Chinese courts have jurisdiction over divorce and property division, and the marriage relationship can be dissolved through litigation or mediation without the need to return to the country of nationality. The habitual residence is usually determined by evidence of continuous residence for a certain period of time and stable living connections.

Q2: What evidence do I need to prepare for the division of transnational assets?

This includes proof of identity and marital status, proof of ownership of domestic and overseas assets, proof of financial transactions, and overseas documents that have been authenticated and translated into Chinese. The evidence must form a chain to prove the time of acquisition of the assets and the source of the investment. Overseas documents usually also require notarization, authentication, or additional certification procedures.

Q3: Can the court directly award the overseas property to me?

Generally, it is not possible to directly order the transfer of ownership. The court usually confirms the ownership of the property's equity shares. However, the actual disposition of the property is subject to the laws of the location where the real estate is located. If it is necessary to realize the value or transfer the ownership of the property, it is often necessary to initiate the recognition and enforcement procedures in the location where the property is located. It is advisable to plan ahead.

Q4: How long does it take to handle a foreign-related divorce property case?

The duration of overseas litigation cases is generally longer than that of domestic cases, often lasting from several months to more than a year. The main time-consuming aspects include overseas service of process, document authentication and translation, and overseas evidence collection. If there are no substantive disputes between the parties and they opt for mediation, the duration can be significantly shortened.

Q5: How to choose a foreign-related divorce lawyer?

There are three key points to focus on: whether the lawyer has practical experience in handling similar foreign-related cases, whether they can clearly explain jurisdiction, legal application, and document processing procedures, and whether they have overseas collaboration resources. During the interview, you should ask the lawyer to provide a list of procedural milestones and required materials, rather than just promising the outcome.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence to avoid missing the statutory time limits. →Divorce litigation legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in time.