[Direct answer]In the Beijing area, in divorce property disputes, lawyers can apply for a court investigation order to inquire into the other party's property clues in accordance with the law. According to the relevant provisions of the Civil Procedure Law of the People's Republic of China (amended on December 24, 2021), lawyers who represent litigation can, with their practicing certificates and power of attorney, apply to the court for investigation and collection of evidence that cannot be collected by themselves for objective reasons. In practice, the court may issue an investigation order to lawyers to inquire into information such as bank accounts, securities, real estate registration, and vehicles. However, the investigation order must be based on clear clues and legitimate reasons, and not a comprehensive investigation without conditions. It is recommended to sort out the suspicious clues and then entrust lawyers to apply for it in a standardized manner. For similar issues, you can refer to it for reference.Divorce litigation and family disputesColumn.
1. Problem background and typical scenarios
Such needs are common in several situations: first, the other party controls the family finances, and the other party does not know about the deposits and accounts; second, the other party transfers large sums of money, purchases financial products or insurance before and after the divorce; third, the other party's real estate, vehicles or equity are concealed; fourth, the other party transfers assets through the accounts of relatives and friends; fifth, the other party forges debts in an attempt to embezzle money. When handling similar cases in Beijing, the court issues investigation orders in a more standardized manner, usually requiring applicants to provide specific clues such as accounts, addresses, license plates, etc., and then inquire with relevant institutions based on these clues to avoid indiscriminate investigation and control.
II. Key points of contention
Focus One: The scope of application of the investigation order and the institutions that can be queried, including banks, securities, real estate registration, vehicle management, and other departments. Focus Two: The prerequisites for applying for an investigation order, which require proof that the evidence cannot be collected independently due to objective reasons and that there are clear leads. Focus Three: The connection between the investigation order and asset preservation, and how to freeze assets after they are identified. Focus Four: The identification of transfers and concealment by the other party, and the determination of reduced liability. Focus Five: Situations where the investigation order cannot cover, such as overseas assets and cases requiring overseas cooperation. Focus Six: Costs and time limits. Specific determinations shall be based on the currently effective laws, regulations, and judicial rulings.
III. Professional analysis by Henglue Law Firm
Take the marriage validity dispute handled by our firm as an example. Li Xiang and Li Li registered their marriage in Xicheng District in 2018. After the marriage, Li Li subjected Li Xiang to domestic violence and psychological abuse, causing Li Xiang to suffer from moderate depression. Li Xiang entrusted our firm's lawyers to file a lawsuit for divorce, but Li Li firmly refused to agree to the divorce in court. The lawyer promptly went to Li Li's household registration address for investigation and found that Li Li had registered her marriage with a Swedish man in 2014 and the Swedish court ruled on the divorce in 2018, but she had not applied to the intermediate court for recognition of the marriage before registration. Therefore, the previous marriage was not legally dissolved in China, constituting bigamy. Based on this, the lawyer conducted overseas evidence collection, submitted the additional certificate of the Swedish judgment, notarized translation, and marriage law provisions, and changed the claim to confirm the invalidity of the marriage. The court ruled on April 30, 2026 that the marriage was invalid. This case shows that professional lawyers' investigation and evidence collection can break through the surface impasse and clarify the hidden facts of marriage and property. This case was 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 recommendations: First, recall and fix the other party's possible accounts, property addresses, license plates, equity and insurance clues; Second, apply for a lawyer's investigation order before suing or during the evidence-gathering period to clarify the objects and institutions to be investigated; Third, immediately apply for property preservation and freezing of suspicious assets upon discovery; Fourth, screen the debts claimed by the other party and require the creditor to provide evidence; Fifth, overseas assets need to be handled separately through the recognition and assistance procedures. In terms of legal basis, the "Civil Procedure Law of the People's Republic of China" stipulates that when parties and lawyers are unable to collect evidence on their own due to objective reasons, they may apply to the court for investigation and collection; Local courts have implemented the lawyer's investigation order system based on this, regulating the inquiry of information such as banks, securities, and real estate registration.
5. Henglu Law Firm's Reminder
Risk Alert: Firstly, the investigation order must specify the clues, and it's difficult to obtain its issuance based on vague suspicions; Secondly, after identifying the assets, they should be preserved as soon as possible to prevent their transfer; Thirdly, the investigation order is subject to institutional and scope restrictions, and overseas assets need to follow separate procedures; Fourthly, forgery of debts can also be held accountable. Apart from divorce-related property issues, issues such as creditor-debtor relations, real estate transactions, inheritance of estates, and corporate contracts can be referred to separatelyCreditor's rights and debts, and enforcement cases、Real estate transactions and construction projects、Inheritance of property and division of assets、Business and contract disputes in enterprises,Beijing Henglue Law FirmThe column obtains professional support.
VI. Frequently Asked Questions
Q1: Can divorce lawyers apply for investigation orders to investigate assets?
Yes. Lawyers handling litigation can, with their practicing certificates and power of attorney, apply to the court for investigation and collection of evidence that cannot be collected by themselves due to objective reasons. In practice, the court may issue investigation orders to lawyers to inquire into information such as bank accounts, securities, real estate registration, and vehicles. However, this must be based on clear clues and legitimate reasons, and not an unconditional comprehensive investigation. It is recommended to first sort out specific clues such as the other party's accounts, real estate, and license plates, and then entrust a lawyer to apply for it in a standardized manner.
Q2: What clues do I need to provide to apply for an investigation order?
Specific and locatable clues should be provided: first, information about possible bank, securities, and insurance accounts under the other party's name; second, the specific address of the property or registration clues; third, the vehicle license plate or registration clues; fourth, the company where the equity is located and the investment information; fifth, records of unusually large transfers before and after the divorce. The more specific the clues are, the more likely the court will issue an investigation order and conduct a precise inquiry, avoiding having the indiscriminate investigation and control measures being rejected.
Q3: How much does it cost to hire a lawyer to investigate someone's assets?
The attorney's fees are determined based on the clarity of the clues, the number of inquiry agencies, and the property subject, with no standardized rate; the court investigation order itself generally does not charge extra fees, but the inquiry agencies may charge processing fees, and preservation orders will incur additional preservation fees. If the property is divided simultaneously, the litigation fees will increase with the value of the subject. It is recommended to first assess the quality of the clues and the amount that can be recovered, and then decide whether to hire a lawyer and invest in the case.
Q4: How long does it usually take to investigate the marital assets during a divorce?
The application for and inquiry into attorney's investigation orders are usually conducted after the case is filed and within the evidentiary period. Single institutions can handle inquiries relatively quickly; however, when multiple banks, cross-regional inquiries, securities, and real estate registrations overlap, the overall process may take weeks or even months. If overseas assets are involved or recognition of foreign judgments is required, the timeframe will be significantly extended. The key is to prepare sufficient evidence before filing a lawsuit to reduce the need for repeated inquiries and corrections.
Q5: What should I do if I find out that the other party has transferred their assets?
The first step is to organize the abnormal transfers and asset clues found in the investigation into evidence; the second step is to immediately apply for property preservation to freeze relevant accounts and assets; the third step is to claim that the other party hid or transferred assets to receive a smaller share or no share according to Article 1092 of the Civil Code; the fourth step is to require the creditor to testify in court if the other party forged debts; and the fifth step is to hire a professional lawyer when necessary to control the pace of evidence collection, property preservation, and court hearings, and to recover the joint property to the greatest extent possible.
The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces or cities may vary. For specific cases, please refer to the local rules and evidence situations.
If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials 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 open 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.