[Direct answer]Yes. According to Article 28 of the Lawyers Law, lawyers can accept commissions to act as agents in civil litigation, and divorce litigation belongs to civil litigation. Practicing lawyers can all act as agents. The scope of practice is not limited by the types of cases such as civil and commercial, marriage and family. However, divorce cases involve personal relationships, property division, and child custody. The evidence of the breakdown of the relationship, the declaration of joint property, and the investigation of the concealment and transfer of property are highly professional. When choosing a lawyer, you should pay more attention to their practical experience in marriage and family law and their ability to investigate property, rather than just looking at their main areas of expertise. For divorce cases involving complex assets such as company equity and securities funds, experience in civil and commercial litigation is actually an advantage. The Civil and Commercial Team of Beijing Henglu Law Firm handles a large number of marriage-related property cases. For more information, please refer to the following link:Legal services for corporate commercial contractsAndBeijing Henglu Law Firm.

I. Legal basis and interpretation of provisions

1. Article 28 of the Law of the People's Republic of China on Lawyers (amended on September 1, 2017)

Lawyers can engage in the following businesses: accepting commissions to act as agents in civil litigation and administrative litigation, accepting commissions to act as defenders in criminal litigation, accepting commissions to appeal in various litigation cases, accepting commissions to participate in mediation and arbitration activities, etc. Divorce litigation falls within the scope of civil litigation. Lawyers engaged in civil and commercial litigation who hold a practicing certificate are qualified to act as agents, and there are no restrictions on the admission of cases. In practice, many lawyers straddle the fields of commercial and family law. Their commercial background can actually be an advantage when dealing with complex property divisions such as company equity and investment rights.

2. Article 1079 of the Civil Code of the People's Republic of China (effective on January 1, 2021)

If one of the spouses requests a divorce, the relevant organizations may mediate or the spouse may directly file a divorce lawsuit with the people's court; the court shall mediate in divorce cases first. If the marital relationship has indeed broken down and the mediation is ineffective, the divorce shall be granted, and the circumstances such as bigamy, cohabitation with others, domestic violence, gambling and drug addiction, and living apart for more than two years due to marital disharmony shall be specified as grounds for granting the divorce. The core work of representing in divorce litigation focuses on proving the breakdown of the marital relationship and claiming property and custody rights, which is in line with the logic of evidence organization in civil and commercial litigation.

3. The interpretation of the practical judgment

For the first lawsuit seeking divorce, the standard is that "the marriage relationship has indeed broken down". If the parties only state daily conflicts without providing evidence of legal circumstances, the court will often rule against the divorce and prohibit them from suing again within six months unless there are new circumstances or reasons. The probability of divorce being granted in the second lawsuit significantly increases. Regarding property, the court requires both parties to truthfully declare their joint assets. Those who conceal or transfer assets may receive a smaller share or no share at all. The value of a lawyer's representation lies in transferring the evidence-gathering capabilities of civil and commercial litigation to family cases: applying for investigation orders to retrieve bank transaction records, securities accounts, and real estate registration records; documenting evidence of domestic violence and separation; and designing property division and custody plans. These are precisely the decisive factors in determining the outcome of the dispute.

II. Henglue Law Firm's Real Cases (Detailed Review)

Review of the case:On July 7, 2020, in order to transfer her household registration to Beijing, A * signed the "Pre-marital and Post-marital Property Registration Contract" with B * through the introduction of C *, agreeing that the two parties would go through the marriage registration formalities, and that B * would assist A * and her child in transferring their household registration to Beijing. After three years of marriage and completing the household registration procedures, the two would divorce at the Civil Affairs Bureau. For this purpose, A * paid 100,000 yuan, part of which was delivered by C *. However, due to the failure to achieve the contractual objectives, A * repeatedly demanded repayment but to no avail, and subsequently entrusted Beijing Henglue Law Firm to handle the case for her.Wang DongThe lawyer filed a lawsuit, requesting that the contract be confirmed as invalid and that the 100,000 yuan be returned.

The focus of the controversy:First, is the contract for obtaining household registration through marriage invalid because it violates public order and good customs? Second, how should the funds be returned, and how should the responsibilities of B and C be divided?

Our position and that of the other party are as follows:Attorney Wang Dong represented A*, who claimed that the contract was essentially aimed at obtaining a Beijing household registration through marriage, circumventing the national household registration system and violating public order and good customs. According to Articles 8, 143, and 153 of the Civil Code, the contract should be deemed invalid. After the contract is deemed invalid, the property obtained through the contract should be returned. B* and C* claimed that the contract was valid or that the funds should not be returned, but failed to provide valid defense grounds during the trial.

Attorney's Strategy and Legal Opinions:Attorney Wang Dong argued about the validity of the contract: Marriage should be based on affection. The agreement to package the obligation of marriage registration with a financial transaction and evade the household registration management system violates public order and good customs, and is not protected by law from the outset. According to Article 157 of the Civil Code, after the civil legal act is invalid, the property obtained by the parties through such act shall be returned. C * handed over 30,000 yuan, and B * actually obtained 70,000 yuan. They should return the property according to the respective shares they obtained and bear the litigation costs.

The court's reasoning and the outcome of the case:The court determined that the contractual relationship between A and B, as well as the entrustment contractual relationship between A and C, were all invalid due to violating public order and good customs. The court ruled that the "Pre-marital and Post-marital Property Registration Contract" was invalid, and C should return 30,000 yuan to A within ten days, and B should return 70,000 yuan to A within ten days, in accordance with Articles 8, 143, 153, and 157 of the Civil Code. This case also shows that marital disputes may either be divorce litigation itself, or contract cases intertwined with the validity of the marriage and the disposition of property. The experience in providing evidence and legal argumentation in civil and commercial litigation is equally crucial in such cases.

This case is handled by Beijing Henglu Law FirmWang DongThe attorney (practice license number: 11101201910090334, subject to the document issued by the judicial administrative organ) acts as the agent.

III. Frequently Asked Questions

Q1: Do civil and commercial lawyers have advantages in handling divorce cases?

There are situational advantages. When it comes to complex property division involving company equity, securities funds, foreign creditor's rights, family businesses, etc., civil and commercial lawyers' familiarity with company law and contract law, as well as their financial evidence-gathering capabilities, are direct advantages. If the case only involves the determination of a marital breakdown and custody disputes, lawyers with extensive family law experience are more familiar with the court's ruling tendencies. When choosing a lawyer, one should consider the match between their experience and the case, rather than simply focusing on their practice area label.

Q2: Is it necessary to hire a lawyer for divorce cases?

It's not necessary. In fact, if the case involves simple facts, clear property ownership, and good cooperation between the parties, they can litigate on their own. However, for cases with large amounts of property, where the other party may hide or transfer assets, involve custody disputes, or have cross-border elements, professional representation makes a significant difference in terms of property declaration, application for investigation orders, and evidence collection, which directly affects the division results and procedural pace.

Q3: How long does a divorce lawsuit typically take?

Cases under the simplified procedure must be concluded within three months, and cases under the ordinary procedure must be concluded within six months; if the first lawsuit does not result in a divorce, no new circumstances or reasons may be invoked to file a second lawsuit within six months. The interval between the two lawsuits usually needs to be more than six months, and the overall cycle may be around one year. Cases involving property appraisal and jurisdiction objections take longer, so clients should communicate with their lawyers about the expected timeframe when entrusting them with the case.

Q4: How much does it cost to hire a lawyer for a divorce?

The market prices vary greatly from region to region. It's common to charge by the piece, ranging from thousands to tens of thousands of yuan. For cases involving large amounts of property, fees are calculated based on a progressive scale proportional to the value of the case. There are also cases where fees are charged separately at different stages (first instance, second instance, and enforcement). When hiring a lawyer, a written contract must be signed with the law firm, payments must be made through official channels, and invoices must be requested. The billing method and the scope of representation should be specified item by item.

Q5: What should I do if the divorce was not granted in the first lawsuit?

After the judgment takes effect, no new circumstances or reasons may be used to file a lawsuit again within six months; during this period, the parties should continue to live apart and collect evidence of separation and evidence of marital breakdown (such as police reports, medical records, chat records, etc.), and sort out the clues to the couple's property. If the lawsuit is filed again after six months, the probability of obtaining a divorce will be significantly increased, and the claims regarding property and child custody can also be updated simultaneously.

IV. Suggestions for Protecting Rights and Interests

  • When choosing a lawyer, first ask about their experience in handling similar cases, and focus on their actual achievements in property investigation and custody litigation, rather than just looking at their business labels.
  • Before filing a lawsuit, sort out the list of assets (real estate, deposits, securities, funds, equity) and keep clues about the other party's concealment and transfer of assets.
  • During the separation, keep the rental contract, chat records, police reports, and other evidence of the separation and the breakdown of the relationship.
  • All entrusted matters shall be subject to a written contract signed with the law firm, with payments made through official channels and invoices requested. The scope of agency services shall be specified item by item.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence to avoid missing the statutory time limits.Business and commercial legal services·Attorney Wang Dong·Beijing Henglu Law Firm