[Direct answer]In the Beijing area, the value of lawyers lies in transforming clues into admissible evidence and expanding the scope of inquiry through procedural tools. According to the Civil Procedure Law of the People's Republic of China (amended in 2023 and implemented on January 1, 2024), if the litigation agent is unable to collect evidence on their own due to objective reasons, they may apply to the people's court for investigation and collection. Lawyers can apply for investigation orders based on this, and inquire into information such as bank transactions, securities holdings, real estate and vehicle registrations, social insurance and provident funds. If they discover signs of concealment or transfer of assets by the opposing party, they should promptly apply for pre-litigation or in-litigation property preservation.

1. Problem background and typical scenarios

Generally, the parties involved only have a general understanding of their family's income and expenditure, and have no idea how many accounts, financial assets, or equity interests the other party actually owns. Some parties may withdraw large amounts of cash before divorce, transfer funds to their parents' or colleagues' accounts, or even purchase real estate or vehicles under others' names. In such cases, it is almost impossible to obtain evidence solely through the parties' own inquiries. However, lawyers can design inquiry paths based on clues, retrieve information from multiple institutions through investigation orders in one go, and organize scattered materials into a complete chain of evidence. Beijing area courts typically require applicants for investigation orders to explain the relevance of the matters needing investigation to existing clues. It should be noted that such disputes often involve both factual determination and procedural requirements. Relevant materials are often scattered among both parties, and the timeframes are short and the issues are highly specialized. The earlier the evidence is systematically organized, the time nodes and legal basis are clarified, the more options there will be for subsequent negotiations or litigation, and the better the chances of avoiding losing favorable positions due to procedural errors. In specific analysis, it is recommended to take the timeline as the main thread, and to correspond contractual documents, vouchers, transaction records, and relevant legal bases one by one, forming a clear processing framework to facilitate the determination of the priority and feasibility of various claims.

II. Key points of contention

First, what materials can lawyers retrieve on behalf of clients, and which ones must be obtained by the court? Second, what evidence requirements must be met to apply for an investigation order? Third, what basic materials must clients provide in cooperation? Fourth, how can the evidence obtained corroborate the other party's statements and family expenditures? Fifth, how to avoid being deemed as illegal evidence collection due to improper evidence-gathering methods? These steps are interconnected, and any omission in any step may affect the evidentiary effectiveness. Sixth, is the subject claiming rights qualified, and have any necessary counterparties and jointly liable parties been omitted? Seventh, the integrity of the evidence and the allocation of the burden of proof will directly affect the outcome. Eighth, whether relevant deadlines and procedural requirements have been complied with, and whether claims can still be made after the deadline. Ninth, the scope of losses, causality, and the degree of the client's own fault must be identified and proven based on specific materials. In addition, attention should be paid to whether the evidence format is legal, whether key facts can be corroborated, and the differences in cost, time, and feasibility of different handling solutions. On this basis, the priority path to be pursued should be determined.

III. Professional analysis by Henglue Law Firm

The process of handling such cases by Henglue Lawyers is usually as follows: First, we work with the client to sort out the list of property clues, including the other party's workplace, possible bank accounts, and past investments and real estate. Then, we draft an application for investigation and evidence collection and apply to the court for an investigation order. Subsequently, we retrieve transaction records, holdings, and registration information from various institutions, and mark large cash withdrawals and abnormal transfers one by one. For assets suspected of being held on behalf of others, we also claim the substantive ownership based on the source of funds, the repayment account, and the actual living and usage situation. In practice, clients often mistakenly believe that lawyers can freely query others' accounts. In fact, lawyers must rely on litigation procedures and court authorizations for evidence collection. Unauthorized purchase or query of personal information is not only invalid, but may also lead to legal liability. Therefore, it is more efficient to cooperate with lawyers in preparing materials and providing truthful clues than to conduct blind investigations on one's own.
This case is handled by Beijing Henglu 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: First, sort out clues such as the other party's workplace, frequently visited banks, and investment habits; Second, provide basic materials such as marriage certificates, household registration books, and family income and expenditure records; Third, cooperate with lawyers to apply for investigation orders and simultaneously apply for property preservation; Fourth, inquire into the purpose of large-scale transfers found and fix the other party's statements; Fifth, promptly supplement evidence if clues of proxy holding are found. For divorce property investigation and division, you can refer to the following materials:Divorce litigation and family disputesFor matters involving the company's equity and financial transactions, you may refer to the following for reference.Business and contract disputes in enterprisesLegal basis: Articles 1092 and 1087 of the Civil Code of the People's Republic of China (both in effect since January 1, 2021), the provisions on entrusted agency and investigation and evidence collection in the Civil Procedure Law of the People's Republic of China (amended in 2023 and in effect since January 1, 2024), and the relevant provisions of the Interpretation (I) of the Supreme People's Court on the Application of the Marriage and Family Chapter of the Civil Code of the People's Republic of China (in effect since January 1, 2021). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, evidence collection must be legal, and any method of purchasing or stealing others' information is unacceptable. Secondly, the more specific the clues are, the easier it will be to get approval for the scope of the investigation order. Thirdly, the investigation and authentication should be carried out simultaneously, otherwise there may be delays during the investigation. Fourthly, the lawyer's fees should be clearly defined in advance regarding the scope of the commission and the charging method, in order to avoid disputes. For cases involving property investigation, preservation, and overall division plans, it can be handled throughDivorce litigation and family disputesFor service promotion, we can combine it with the recovery of compensation during the execution phaseCreditor's rights and debts, and enforcementFor plates involving cross-border asset clues, you can refer to the following information for reference.\nFinancial capital and cross-border transactions involving foreign entitiesColumn.

VI. Frequently Asked Questions

Q1: If I hire a lawyer to investigate hidden assets, what can they find out?

Generally, within the scope authorized by the court, it is possible to query bank account transactions, financial and securities holdings, real estate and vehicle registrations, social security and housing provident fund payments, and company equity registrations, etc. Lawyers are responsible for organizing the query results into evidence and pointing out suspicious points such as large-scale cash withdrawals and abnormal transfers. Cases vary greatly in terms of evidence form, liability proportion, and procedural nodes, and related requests are usually subject to statutory time limits. It is recommended to fix written evidence as soon as possible, assert rights in a timely manner, and keep records of reminders, communications, and service delivery to avoid affecting the outcome due to insufficient evidence or expired time limits. Specific solutions should be determined by professional lawyers after evaluating the complete materials.

Q2: What materials do I need to provide when commissioning a lawyer to conduct an investigation?

It is necessary to provide identity proof, proof of marital relationship, known clues to the other party's assets, information on the family's income and expenditure, and supporting evidence to substantiate the suspicions. The more comprehensive the clues are, the higher the likelihood of the court approving the investigation order and the more efficient the inquiry will be. Cases vary greatly in terms of evidence form, liability proportion, and procedural milestones, and related requests are usually subject to statutory time limits. It is recommended to fix written evidence as soon as possible, assert rights in a timely manner, and keep records of reminders, communications, and service notifications to avoid the outcome being affected by insufficient evidence or the expiration of time limits. Specific solutions should be determined by professional lawyers after evaluating the complete materials.

Q3: How much does it cost to hire a lawyer to investigate something?

The fees consist of attorney's fees, preservation guarantees, litigation fees, etc. The attorney's fees are determined through negotiation based on the stage of the entrustment and the subject matter. It is recommended to first assess the scale of the assets that can be traced and the expected division, then determine the scope of investment to avoid costs exceeding potential benefits. Individual cases vary greatly in terms of evidence forms, liability ratios, and procedural milestones. Relevant requests are usually subject to statutory time limits. It is recommended to fix written evidence as soon as possible, assert rights in a timely manner, and keep records of reminders, communications, and service delivery to avoid the results being affected by insufficient evidence or the expiration of time limits. Specific solutions should be determined by professional lawyers after evaluating the complete materials.

Q4: How long does it take from placing an order to getting the results?

The process of organizing clues and submitting applications typically takes several weeks to complete; the response to investigation orders depends on the agency's response time and generally takes several weeks; the first-instance litigation follows a simplified procedure for three months and a regular procedure for six months. If preservation of evidence is applied for simultaneously, it should be proposed as early as possible before or after the case is registered. Individual cases vary greatly in terms of evidence form, liability proportion, and procedural milestones, and related requests are usually subject to statutory time limits. It is recommended to fix written evidence as early as possible, assert rights in a timely manner, and keep records of reminders, communications, and service notifications to avoid the outcome being affected by insufficient evidence or the expiration of time limits. Specific solutions should be determined by professional lawyers after evaluating the complete materials.

Q5: What should a lawyer do if he/she can't locate the assets?

You can adjust the direction of the inquiry, expand the scope of the investigation to other institutions, or provide new clues; you can also apply to the court for an ex officio investigation. If there are indeed signs of asset transfer, you can claim that the other party should receive a smaller share or no share at all, and request a second division of the newly discovered assets after the divorce. Cases vary greatly in terms of evidence form, liability proportion, and procedural milestones. Such requests are usually subject to statutory time limits. It is recommended to fix written evidence as soon as possible, assert rights in a timely manner, and keep records of reminders, communication, and service to avoid the outcome being affected by insufficient evidence or the expiration of time limits. Specific solutions should be determined by professional lawyers after evaluating the complete materials.

The above Q&A is mainly based on the judicial practice in the Beijing area. There may be differences in the adjudication guidelines in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Divorce litigation legal services·Attorney Xiong Binrong·Beijing Henglu 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 you encounter disputes, please consult a practicing lawyer in time.