[Direct answer]In the Beijing area, after the divorce litigation verdict is issued, lawyers can usually still provide services in the enforcement phase, including applying for enforcement, property preservation, holding the party responsible for concealing and transferring property, and handling the omitted joint property in the verdict. According to the relevant provisions of the Civil Procedure Law of the People's Republic of China (amended on December 24, 2021), if one party refuses to perform the effective verdict, the other party may apply to the court for enforcement; if the party subject to enforcement fails to perform on time, it shall pay double the interest on the debt during the delay in performance. If it is found that the other party has hidden or transferred the couple's joint property, which is discovered after the divorce, the party may request a re-division of the property, and the party in question may be allocated a smaller share or no share at all. Whether to continue to entrust a lawyer depends on the difficulty of enforcement and the claim of the principal, and reference may be made when necessary.Marriage and family matters, and divorce litigationColumn.

1. Problem background and typical scenarios

Such questions are often encountered in several situations: First, the other party delays in fulfilling the obligation to pay the discounted value of the house or alimony after the judgment; Second, it is found that the other party concealed undivided property such as real estate and deposits during the divorce; Third, the judgment does not cover certain joint property and needs to be divided in a separate case; Fourth, if the other party transfers property during the execution, additional measures need to be taken. For related enforcement matters, please refer to the relevant provisions of the Civil Procedure Law of the People's Republic of China.Creditor's rights and debts, and enforcement cases1. The column; 2. The fifth issue involves the connection between criminal restitution and civil enforcement. When handling similar cases in the Beijing area, the authorities typically first verify the other party's property clues and ability to fulfill obligations, and then decide on the path to apply for enforcement and subsequently divide assets or pursue accountability.

II. Key points of dispute

Focus I: The connection between performance and enforcement after the judgment takes effect. If the performance is overdue, the party concerned may apply for enforcement. Focus II: The application of interest on delayed performance. According to the Civil Procedure Law, the party subject to enforcement shall pay double the amount. Focus III: The re-division of omitted property in divorce cases. If hidden assets are discovered, the party may request a re-division. Focus IV: Sanctions for hiding or transferring assets. The party may receive a smaller share or no share at all. Focus V: The choice between execution and re-trial procedures, or the simultaneous application of both. Focus VI: The enforcement characteristics of judgments such as alimony and visitation rights. Focus VII: The role boundaries of lawyers in the enforcement phase. Specifically, the provisions of currently effective laws and regulations and judicial rulings shall prevail. For property clues investigation and control, reference may be made to relevant provisions.Special services and other casesColumn.

III. Professional analysis by Henglue Law Firm

Taking the divorce-related property dispute handled by our firm as an example, it can be seen that post-judgment property rights can still be realized through professional representation. Ms. Gao and Mr. Tan got married in 1991 and divorced by agreement in 2003, with no joint housing stipulated. In July 2020, Mr. Tan's house was auctioned for 8.54 million yuan due to debt enforcement, and Ms. Gao only then discovered that the house was purchased by Mr. Tan during their marriage and was hidden and not divided during the divorce. Ms. Gao entrusted our firm's lawyers to represent her, claiming that the house should be divided as marital joint property. The lawyers' investigation proved that the house was purchased during the marriage, that Mr. Tan paid the down payment and repaid part of the loan, and that the property was not dealt with during the divorce. Based on the proportion of contributions during the marriage, the lawyer calculated Ms. Gao's share. The court ruled that the house was marital joint property and ordered Mr. Tan to pay Ms. Gao a house appreciation value of 945,649.38 yuan within seven days after the judgment took effect; if he failed to comply with the order, he would be required to pay double interest on the delayed performance in accordance with Article 260 of the Civil Procedure Law. This case shows that if omitted property is discovered after divorce, it can still be divided; and the post-judgment appreciation value payment can also be protected through enforcement procedures. This case was handled by Beijing Henglu Law Firm.Li YonghuiThe attorney (practice license number: 11101199611955812, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action recommendations: 1. If the other party fails to perform after the judgment takes effect, promptly apply to the court for enforcement and submit evidence of the other party's assets; 2. If the other party delays performance, claim to pay double interest for late performance in accordance with the Civil Procedure Law; 3. If hidden assets are discovered after divorce, promptly sue to request a second division of assets, and pay attention to collecting property certificates, purchase contracts, loan records, and divorce agreements; 4. If the other party transfers assets during enforcement, apply for property preservation and investigation; 5. Distinguish between the enforcement of the judgment and the division of omitted assets, and proceed separately. For related procedural details, please refer to the guidelines.Real estate transactions and construction projects(For real estate-related content). In terms of legal basis, Article 243 and Article 260 of the Civil Procedure Law of the People's Republic of China regulate enforcement applications and interest for delayed performance; Article 1092 of the Civil Code of the People's Republic of China stipulates that the party who hides or transfers the couple's joint property may receive a smaller share or no share, and the other party may request a re-division of the property if such actions are discovered after the divorce.

5. Henglue Law Firm's Reminder

Risk warning: Firstly, the judgment is not the end. If the other party fails to perform the obligation, you still need to actively apply for enforcement. Secondly, if you discover that the other party concealed assets after the divorce, you still have the right to request a re-division of the assets, but it is better to detect and sue early to avoid the loss of evidence. Thirdly, the interest on the delayed performance is a statutory sanction, and you should claim it during the enforcement process. Fourthly, enforcement and re-division are different procedures, and the choice of path will affect the efficiency. It is recommended to entrust a professional lawyer to coordinate the enforcement and re-division, and to consult when necessary.Beijing Henglue Law FirmFor similar columns on the official website, ensure the provision of fixed evidence and strict adherence to time limits.

VI. Frequently Asked Questions

Q1: After the judgment, if the other party refuses to pay the compensation, will the lawyer still handle it?

After the judgment takes effect, if the other party refuses to pay, you can entrust a lawyer to apply for compulsory enforcement on your behalf and submit clues to the other party's assets, claiming to pay double interest for late performance in accordance with the Civil Procedure Law. The lawyer can assist in investigating and controlling assets such as real estate, deposits, and equity, and promote the settlement of the discounted amount. Whether to continue to entrust a lawyer depends on the size of the claim and the difficulty of enforcement, but the investigation of assets and the application of measures in the enforcement stage are highly professional, and the lawyer's involvement is usually more efficient.

Q2: What evidence should be prepared during the execution phase?

The following materials should be prepared: the effective judgment and the proof of service; the other party's property clues, including bank accounts, real estate, vehicles, and equity information; evidence of the other party's delay in performance or transfer of property, such as transaction records and abnormal transfers; in the case of dividing the omitted property in a divorce, additional materials should include real estate certificates, purchase contracts, loan records, divorce agreements, and auction documents. The more specific the materials are, the smoother the execution and re-division will proceed. It is recommended to organize these materials as soon as possible and consult a lawyer for advice.

Q3: How much does it cost to hire a lawyer to enforce the judgment after the verdict is issued?

During the execution stage, the attorney's fees are negotiated based on the value of the subject matter and the difficulty of investigation and control, with no unified standard. According to regulations, the court's execution application fee is borne by the respondent, and it is usually not prepaid by the applicant at the time of application. If the other party requests a further division of the concealed property, the litigation fees are charged in stages according to the value of the property. Specifically, it should be combined with the evaluation of the discounted amount or the scale of the re-divided property. It is recommended to first consult about the clues and paths before quoting a price.

Q4: How long does it usually take to enforce a divorce judgment?

After the application for enforcement, the court generally takes enforcement measures within six months. For complex investigations or evaluations of auctions, the process may take longer. If the other party has no property available for enforcement, the current enforcement may be terminated and resumed once clues are found. For omitted property, the ordinary first-instance litigation procedure does not exceed six months, and the second-instance procedure takes about three months. The key is to provide property clues as soon as possible, claim interest for delayed performance, and avoid an indefinite suspension of enforcement.

Q5: What should I do if I discover that my ex-spouse concealed assets after the divorce?

You can file a lawsuit to request a re-division of marital property. According to Article 1092 of the Civil Code, if one party conceals, transfers, sells, damages, or squanders the couple's joint property and it is discovered after the divorce, the other party may request a re-division of the property and may allocate a smaller share or no share to the party in question. You should collect evidence such as the purchase contract, loan records, divorce agreements, and auction documents, and file a lawsuit in a timely manner to avoid the loss of evidence. For matters involving the enforcement of family property, you can refer to the relevant provisions of the Civil Procedure Law.Marriage and family matters, and divorce litigationColumn.

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 regional differences.

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 Li Yonghui·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available 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 a timely manner.