[Direct answer]In the Beijing area, evidence for divorce litigation is usually prepared in five categories: 1. Evidence of the marital relationship, including marriage certificates, registration information, and household registration materials. 2. Evidence of marital breakdown, including separation certificates, divorce agreements or litigation records, chat logs, and witness statements. 3. Evidence related to children, including birth certificates, current custody arrangements, and proof of child support payments. 4. Evidence of assets, including real estate, vehicles, bank deposits, stock ownership, and investment certificates. 5. Evidence of debts, including loan contracts, repayment records, and joint signatures. According to Article 1079 of the Civil Code of the People's Republic of China (effective January 1, 2021), the statutory circumstances for litigation divorce include marital separation for more than one year, failed mediation, and domestic violence.Special services and other casesIn civil litigation, the integrity and relevance of evidence are crucial to the outcome of the case.

I. Problem Background and Typical Scenarios

Common preparation mistakes include: only submitting a marriage certificate and ID card, failing to prove that the marriage has broken down; only providing account screenshots for assets, lacking explanations of their sources and ownership; lacking investigation clues when the other party hides assets; and failing to provide continuous records of daily care for claiming custody rights.\nInheritance and division of family assetsIn such cases, the function of the ownership certificate is similar to that of providing evidence of marital assets in divorce proceedings.

II. Key points of contention

Focus One: The existence and validity of the marital relationship. Focus Two: The standard of proof for determining whether the marital relationship has truly broken down. Focus Three: The age brackets for custody rights and the principle of acting in the best interests of the children. Focus Four: The scope and ownership of marital assets. Focus Five: The determination of joint debts and the burden of proof. Focus Six: The application of damages and financial compensation. Focus Seven: Countermeasures when one party transfers assets during the divorce process.Special services and other casesThe column provides a more detailed explanation of this issue.

III. Professional analysis by Henglue Lawyers

Henglue Lawyers believe that evidence preparation should be tailored to each litigation claim to avoid piling up irrelevant materials. Taking a dispute over the division of pension and funeral expenses handled by our firm as an example: After the client's mother passed away, the employer issued pension and funeral expenses to several close relatives and served them with notices to collect the funds. However, a dispute arose when multiple people applied to collect the funds simultaneously. The lawyer's argument followed three steps: First, defining the legal basis. Explaining that both pension and funeral expenses are special assets arising from death, although they are not the deceased's pre-death assets or part of the estate, they are in nature spiritual comfort and economic compensation provided by the employer to close relatives, who should be entitled to them. Second, clarifying the distribution order. Proposing that the distribution should generally follow the order of inheritance, with priority given to the spouse, parents, and children in the first order. Third, determining the specific ownership. Pointing out that the plaintiff is the deceased's daughter and the sole legal heir, the pension should belong to her, while respecting her voluntary act of transferring the funeral expenses to the defendant. The court adopted the above arguments and confirmed the ownership of the pension and funeral expenses. This case highlights that even if the disputed subject does not belong to conventional inheritance, the ownership argument still needs to follow the three logical steps of rights source, distribution order, and voluntary disposition.Special services and other casesThe column provides a more comprehensive explanation of the argument structure. In ordinary divorce cases, the same approach is reflected in the fact that each litigation request must have a corresponding legal basis and evidence to support it.

IV. Practical suggestions and legal basis

Action recommendations: 1. Prepare an evidence list item by item as requested and label the purpose of each piece of evidence; 2. For evidence of a breakdown in the relationship, focus on the time span and continuity; 3. For custody evidence, document daily care records; 4. For property evidence, sort out ownership certificates and funding sources; 5. For debt evidence, distinguish between jointly signed debts and personal debts; 6. Promptly apply for investigation and preservation if clues of asset transfer are discovered; 7. Ensure evidence is obtained lawfully and original documents are preserved. Legal basis: Articles 1079, 1084, 1085, 1087, 1092, and 1127 of the Civil Code of the People's Republic of China (effective January 1, 2021); Provisions on evidence collection in the Civil Procedure Law of the People's Republic of China (amended in 2023). For property investigation, refer to the relevant guidelines.Creditor's rights and debts, and enforcementFor details on the progress of the program, please refer to the following document.Special services and other casesThe specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, the evidence should correspond to the litigation claims one by one to avoid redundant piling up. Secondly, the evidence of emotional breakdown should focus on the continuity of time. Thirdly, the evidence of custody rights should emphasize the consistency of daily care. Fourthly, the proof of property ownership is more crucial than account screenshots. Fifthly, the signature situation of joint debts is key to the determination. Sixthly, if any signs of property transfer are found, a preservation application should be filed in time. Seventhly, attention should be paid to the legality of the evidence and the preservation of the originals.

VI. Frequently Asked Questions

Q1: What evidence is generally required to prepare for a divorce lawsuit?

Generally, evidence is prepared in five categories: evidence of marital relationship (marriage certificate, registration information, household registration); evidence of marital breakdown (certificate of separation, previous divorce litigation materials, chat records, witness statements); evidence of children (birth certificate, custody and expense certificates); evidence of property (house property ownership certificates, vehicle registration, deposit and investment certificates); evidence of debt (loan contracts, repayment records, joint signing situations). It is recommended to correspond to the litigation requests item by item, compile an evidence catalogue and indicate the purpose of the evidence. Specialized services and other case columns provide a more detailed list.

Q2: How to prove that the marital relationship between the couple has indeed broken down?

According to Article 1079 of the Civil Code of the People's Republic of China, divorce can be granted if mediation fails and the couple has been living apart for more than a year. In practice, common evidence includes: rental contracts and residence certificates for living apart, text messages and chat records, records of the couple's multiple attempts to negotiate a divorce, previous judgments or rulings on divorce suits, and testimonies from relatives, friends, and neighbors. The key is to establish continuity over time, rather than relying on a single piece of evidence. The section on creditor-debtor relations and enforcement provides further explanations on this issue.

Q3: Is it enough to just provide a bank statement as proof of assets?

This is usually not sufficient. Screenshots only reflect the account balance, but cannot clarify the source of funds and the time they were accumulated. In divorce property division, it is necessary to distinguish between pre-marital assets, post-marital joint assets, and inheritance-derived assets. In practice, additional information should be provided, including the account opening and historical transaction records, registration information for real estate and vehicles, proof of the purpose of large-sum transfers, as well as the time points of property purchases or investments and evidence of the funds' sources. More detailed explanations can be found in the "Specialized Services" and "Other Cases" sections.

Q4: What should I do if the other party transfers their property?

It is necessary to secure evidence and take procedural measures in a timely manner. Firstly, collect clues such as bank transaction records and transaction histories; secondly, apply to the court for investigation and evidence collection and property preservation in litigation; finally, claim a smaller share or no share of the transferred property during the division. According to Article 1092 of the Civil Code, if a party conceals, transfers, sells, damages, or squanders the couple's joint property or falsifies joint debts in an attempt to appropriate the other party's property, the court may award a smaller share or no share of the property to that party during the divorce division. It is recommended to entrust a professional lawyer as soon as possible to assess the timing of preservation and the cost of guarantees. The Creditor-debtor and enforcement section provides more explanations on this path.

Q5: How much does it cost to hire a lawyer to represent me in a divorce lawsuit?

The fees are determined through consultation between the law firm and the client, and typically depend on the complexity of the case, the value and quantity of the assets involved, whether the case involves children and alimony, whether property preservation and investigation are required, and whether appraisal and evaluation are involved. The cost difference between a simple divorce by agreement and a complex litigation is significant. It is recommended to first conduct a preliminary review of the assets and evidence before entrusting the lawyer, then determine the scope of services and the schedule of the case, and sign a written engagement contract.

The above questions and answers are mainly based on the judicial practice in Beijing. There may be differences in the adjudication standards 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. →Specialised services - Legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is provided 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 the event of a dispute, please consult a practicing lawyer in a timely manner.