[Direct answer]In the Beijing area, investigations can be conducted according to law, but there are practical limitations. In cross-border divorce cases, the court may be requested to investigate and collect evidence for domestic assets, or a lawyer may be granted an investigation order. In addition, measures can be taken to preserve assets to prevent their transfer. However, for overseas assets, due to issues of judicial sovereignty and foreign laws, it is usually necessary to rely on bilateral judicial assistance treaties, reciprocity arrangements, or to assert rights through lawyers and courts in the jurisdiction where the assets are located. Direct investigations and evidence collection by domestic courts are often limited. The more specific the account, property, company, or tax clues provided by the parties are, the higher the efficiency of the investigation will be. It is recommended to evaluate the legal protection path for overseas assets while initiating litigation, and to take measures to preserve domestic assets to avoid a situation where winning the lawsuit but having difficulty enforcing it.

1. Problem background and typical scenarios

In cross-border marriages, when one party purchases real estate, holds company shares, or opens accounts abroad, the other party often has difficulty obtaining a comprehensive understanding of the situation during the divorce process. Common scenarios include cases where the parties only know that the other party has overseas businesses or foreign nationality, but are unaware of the specific asset forms and locations; some people also worry that the other party might use cross-border transfers to transfer assets. In the judicial practice of the Beijing area, the courts have special rules regarding the procedures, jurisdiction, and application of laws in cross-border divorce cases, and property investigations need to proceed in tandem with the procedural arrangements.

II. Key points of contention

The disagreements focus on four points: Firstly, whether domestic courts have jurisdiction over overseas assets and can directly divide them; Secondly, the investigation methods and forms of evidence for overseas assets, and whether notarization, authentication, and translation are required; Thirdly, the feasibility of cross-border asset preservation and alternative solutions; Fourthly, how to coordinate and divide domestic and overseas assets and how to implement the enforcement. Overall, domestic courts can handle marital relations and domestic assets, but for overseas assets, they need to consider recognition and enforcement arrangements or assert claims in the jurisdiction where the assets are located.

III. Professional analysis by Henglue Law Firm

A foreign-related divorce case handled by Henglue Law Firm demonstrates the approach to sorting out and legally confirming cross-border assets. Ms. Zhang and Mr. Liu registered their marriage in 1991. Both of them were foreign nationals and had lived in Beijing for a long time. The marriage broke down due to Mr. Liu's infidelity, and the couple reached an agreement on dissolving the marriage and dividing their assets: the house in Beijing, a property abroad, savings, financial products, and insurance under Ms. Zhang's name would belong to her individually, while the house in Shanghai under Mr. Liu's name would be his personal property. Since both parties were foreign nationals, the domestic civil affairs authorities were unable to handle the divorce registration, so Ms. Zhang entrusted Attorney Xiong Binrong from our firm to resolve the matter through litigation. Attorney Xiong relied on the Civil Procedure Law of the People's Republic of China and relevant judicial interpretations to confirm the court's jurisdiction, assisted in preparing identity certificates, marriage certificates, and materials on the ownership of domestic and overseas assets, and sorted out the assets under both parties' names, including real estate, savings, financial products, and pension memberships, proposing a plan for each party to own their own assets. Under the court's mediation, the parties signed a mediation agreement, making the property division agreement legally binding and providing a clear basis for the subsequent disposition of domestic and overseas assets. This case shows that the key to dividing foreign-related assets lies in sorting out the known assets and formalizing them through legal procedures, while the overseas assets should be assessed in advance regarding the local enforcement path. This case was handled by Beijing Henglue Law Firm.Xiong BinrongThe lawyer (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 suggestions: First, collect as much information as possible about the other party's overseas assets, such as accounts, real estate, company registration, and tax information. Second, apply to the court for investigation and evidence collection, and apply for the preservation of domestic assets to prevent their transfer. Third, overseas evidence usually needs to be notarized, authenticated, or accompanied by additional certificates, and translated into Chinese. Fourth, evaluate the enforcement path of overseas assets and, if necessary, hire a local lawyer to assist. For cases involving overseas divorce and cross-border property, you can refer to the relevant guidelines and procedures.\nFinancial capital and cross-border transactions involving foreign entitiesFor disputes involving marital and family matters, you may refer to the following materials for reference:Divorce litigation and family disputesLegal basis: The relevant provisions on foreign-related civil litigation procedures and jurisdiction of the Civil Procedure Law of the People's Republic of China (amended in 2023 and implemented on January 1, 2024), and Article 1087 of the Civil Code of the People's Republic of China (implemented on January 1, 2021). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, overseas assets can be handled, but it requires an appropriate approach and sufficient clues. Secondly, preserving assets domestically is often more timely and effective than pursuing recovery abroad, and should be prioritized. Thirdly, the formal requirements for evidence involving foreign matters are stricter, and notarization, authentication, and translation are all indispensable. Fourthly, when dealing with assets in multiple countries, it is recommended that domestic and foreign lawyers work together to avoid procedural disconnects. For cross-border property and family arrangements, integrated solutions can be considered.Financial capital and cross-border transactions involving foreign countriesFor cases involving difficult and complex issues, you can refer to the following guidelines for handling themSpecial servicesColumn.

VI. Frequently Asked Questions

Q1: Can domestic courts directly investigate overseas bank accounts?

Generally, it's not possible to conduct a direct inquiry. Due to judicial sovereignty restrictions, domestic courts generally do not have direct investigative powers over overseas bank accounts, and such matters typically need to be resolved in accordance with judicial assistance treaties or through legal channels in the jurisdiction where the assets are located. The more specific the account clues and information provided by the parties, the more helpful it will be in assessing feasible approaches and costs.

Q2: Can the investigation into the marital assets in a cross-border divorce case also cover overseas assets?

It can be carried out within the scope permitted by law. Domestic assets can be investigated, collected as evidence, and preserved by the court; overseas assets, however, largely rely on clue-driven investigations, judicial assistance, or the involvement of lawyers in the jurisdiction where the assets are located. Whether the assets can be identified depends on the sufficiency of clues, the cooperation arrangements between the two countries, and local laws, and cannot be generalized.

Q3: Can overseas property be divided in a divorce?

Domestic courts can handle marital relations and domestic property, but it is usually difficult to directly dispose of overseas real estate. In practice, the parties can negotiate ownership and confirm it through judicial procedures, or assert their rights in the location of the property in accordance with recognition and enforcement arrangements. It is recommended to evaluate local laws and enforcement costs simultaneously before deciding on a course of action.

Q4: What should I do if I'm worried that the other party might transfer their assets overseas?

It is necessary to fix the known clues as soon as possible, apply for the preservation of domestic property, and keep evidence such as the other party's transfer, emails, and company documents; for the overseas part, you can entrust local lawyers to evaluate the temporary measures. The earlier you act, the more preservation and investigation methods you can adopt, so don't delay and wait.

Q5: What documents are required for a divorce involving foreign nationals?

These usually include proof of identity and marital status, proof of habitual residence, certificates of property ownership, and relevant evidentiary materials. Documents issued abroad generally require notarization and authentication, or must be accompanied by additional certificates and Chinese translations. The specific list and format requirements vary depending on the case and the court, so it is recommended to check them in advance with a professional lawyer.

The above Q&A is mainly based on 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, to avoid missing the statutory time limit. →Divorce litigation legal services·Attorney Xiong Binrong·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. In case of disputes, please consult a practicing lawyer in time.