[Direct answer]In the Beijing area, lawyers are not entitled to directly retrieve the other party's bank transaction records from banks, as account information is protected by law. However, there are two legal channels: First, the attorney can apply to the court for an investigation order, and after the order is reviewed and issued, the attorney can use the order to inquire with the bank. Second, when the client is unable to collect evidence on their own due to objective reasons, they can apply to the court to collect evidence on its own authority. The legal basis for this is Article 35 of the Law of the People's Republic of China on Lawyers (amended on September 1, 2017 and implemented on January 1, 2018) and Article 67 Paragraph 2 of the Civil Procedure Law of the People's Republic of China. When applying, the applicant needs to provide specific clues (bank name, account range, and inquiry period) and explain the necessity. The application must be submitted before the deadline for providing evidence. It is recommended not to obtain the other party's bank transaction records privately, as this may infringe upon their rights and even lead to criminal charges.

I. Problem Background and Typical Scenarios

In divorce litigation, one party often suspects the other of concealing salaries, bonuses, operating income, and savings and investments, but cannot obtain any proof. Typical scenarios include: a sudden drop in the balance of the other party's account after separation, an unclear source of funds for monthly mortgage payments, frequent high-end consumption despite claiming to be "broke", and self-employed individuals managing income through personal accounts, with WeChat, Alipay, and bank funds being mixed together. According to the Personal Information Protection Law of the People's Republic of China (effective November 1, 2021), financial account information is classified as sensitive personal information, and banks will not provide it to third parties without legitimate reasons. The scope for parties to obtain evidence on their own is extremely limited, and legal channels are mainly concentrated within the court process. For cases involving the accumulation of marital assets and the analysis of family asset structures, it may also be necessary to combine other legal remedies.Inheritance succession and family property division servicesEvaluate them together.

II. Key points of dispute

There are three key points of contention. Firstly, the scope of the inquiry: the bank statements of the other party involve personal privacy and third-party information. The court will review the relevance and necessity of the request, and usually only allows inquiries into accounts and periods related to joint property. Secondly, the application of investigation orders: in the judicial practice of Beijing courts, lawyers can use investigation orders issued by the court to inquire into the other party's deposits, wealth management products, and securities holdings. However, financial institutions have specific requirements for the scope of cooperation with investigation orders and the format of receipts. For some accounts, the court needs to directly retrieve the information. Thirdly, the consequences of refusal to cooperate: if the other party refuses to declare their assets or transfers or hides them without a legitimate reason, they may be required to claim a smaller share of the property during the division. For cases involving the verification of company equity and operating accounts, reference can be made to the relevant provisions.Business and contract dispute resolution services for enterprises.

III. Professional analysis by Henglue Lawyers

Based on Henglue's practical experience in handling marital property cases, the key to obtaining approval for an investigation application lies in "specific clues + sufficient necessity". Simply writing "inquire into the other party's all bank transactions" will usually be required to be corrected. However, if you list the bank's name, account number, or general account range, the investigation period (such as during the marriage or from two years before separation to the present), and explain the account's connection to the joint property, the probability of approval will significantly increase. For real estate, vehicles, securities, and insurance, you can also apply to the real estate registration department, the vehicle administration office, the China Securities Depository and Clearing Corporation, and insurance companies respectively. Some courts in Beijing have strict requirements for the format of investigation orders and the deadline for submitting receipts. Lawyers need to submit receipts on time, and failure to do so may affect subsequent applications. If the other party refuses to declare their property, you can apply to the court to order them to declare it. If they refuse to declare it or declare it untruthfully, you can claim a smaller share of their property and deal with it according to law.

IV. Practical suggestions and legal basis

Legal basis: Article 35 of the Law of the People's Republic of China on Lawyers (amended on September 1, 2017 and implemented on January 1, 2018); Article 67 Paragraph 2 of the Civil Procedure Law of the People's Republic of China (amended on September 1, 2023 and implemented on January 1, 2024); the rules on the processing of sensitive personal information in the Personal Information Protection Law of the People's Republic of China (implemented on November 1, 2021); and the provisions on the investigation and collection of property during divorce litigation in the Law of the People's Republic of China on the Protection of Women's Rights and Interests (amended on October 30, 2022 and implemented on January 1, 2023). Practical process: Lawyers sort out property clues and prepare application documents, and submit applications for investigation and evidence collection or investigation orders to the court of acceptance before the expiration of the evidentiary period. After the court reviews and issues the order, the lawyer holds the order to inquire at banks, real estate registration departments, etc. The receipt shall be included in the case file for use as evidence. For tracing the whereabouts of funds, the lawyer may combine other methods such as investigation and verification of financial transactions to obtain relevant information.Creditor-debtor relations and enforcement case servicesAdvance.

5. Henglue Law Firm's Advice

Three reminders: First, obtaining evidence must be legal. Unlawfully cracking passwords, stealing and transferring funds from others' accounts, and purchasing transaction records through illegal channels not only may result in the exclusion of evidence, but also may lead to infringement and even criminal liability. Second, the more specific the clues are, the better. Recording the other party's frequently used bank account, salary card issuer, and WeChat/Alipay account will enhance the efficiency of the application. Third, finding transaction records is just the starting point. The key is to use them to claim that the other party is hiding and transferring assets and demand a smaller share. For subsequent investigation, control, and enforcement, you can combine these clues with other evidence.Creditor-debtor relations and enforcement case servicesAdvance, or throughSpecial services and other case servicesInterview and evaluation of the matching housework team.

VI. Frequently Asked Questions

Q1: If a lawyer applies for an investigation order to check a bank statement, will the court usually approve it?

In the judicial practice of Beijing courts, as long as the application meets the three conditions of "relevance to the facts to be proven, the parties' inability to collect evidence on their own due to objective reasons, and clear clues", the court will usually grant the application for a lawyer's investigation order. It is necessary to specify the object of inquiry (bank name and account range), the period and the purpose of the inquiry, and to submit it within the time limit for providing evidence. Where the inquiry involves the privacy of the other party or the accounts of third parties, the court will restrict the scope of the inquiry. Conversely, if the application is too general, such as "inquire into all transaction records", or if the relevance is not clear, the application may be rejected or require correction. It is recommended that lawyers prepare standardized investigation application forms and attach a list of clues to improve the efficiency of obtaining approval.

Q2: What materials and clues are needed to apply for an investigation order?

The main materials include: an application for an investigation order (stating the investigation matters and a description of the necessity), a lawyer's practice certificate and a letter from the law firm, a notice of acceptance of the case or case filing materials, and as specific as possible property clues, such as the name of the other party's opening bank and branch, salary transfer accounts, account numbers or tail numbers, WeChat and Alipay accounts, financial and securities account opening institutions, and the location of real estate, etc. If there are insufficient clues, you can first apply to query the summary information of the other party's bank accounts, and then conduct in-depth investigations on each account. Completeness of materials and clear direction are key to obtaining approval. It is recommended to submit the materials under the guidance of a lawyer before the expiration of the evidentiary period.

Q3: How much does it cost to hire a lawyer to apply for an investigation order?

The application for an investigation order itself does not require payment to the court. The main costs are attorney fees and auxiliary expenses. Attorney fees are charged according to the stage of the case or the amount of the claim, subject to the terms of the retainer agreement; the costs of copying, notarization, and file retrieval involved in the inquiry are generally borne by the applicant and are not significant. Compared with the risk of failing to obtain evidence on one's own or having evidence excluded, obtaining evidence legally within the legal process is more cost-effective. In some cases, it is necessary to apply for property preservation, and the preservation fees are calculated in increments based on the amount of the preserved assets, with a maximum of no more than 5,000 yuan. Usually, a guarantee is also required. It is recommended to confirm the scope of fees with the law firm in writing before entrusting them, so as to avoid subsequent disputes.

Q4: How long does it take from applying for a subpoena to obtaining the transaction records?

The time mainly depends on the speed of the court's review in cooperation with financial institutions. It usually takes several days to two weeks for the court to review and issue an investigation order. Lawyers can generally obtain a receipt on the spot or within a few working days after presenting the order to the bank. However, if the court needs to directly retrieve information or if it involves institutions in other regions, the period will be extended to several weeks. If the other party's accounts are scattered or involve third-party wealth management or insurance, it may take one to two months to verify each item. It is recommended to submit the application as soon as possible after filing the case, so as to align with the evidence-presentation period and avoid the situation that the late retrieval of evidence will affect the arrangement of cross-examination at the trial.

Q5: If I suspect that the other party is hiding their savings, what should I do first?

The suggested four-step approach is as follows: First, organize the existing clues legally on your own, such as family spending records, the bank where the other party's salary is deposited, and the account used for mortgage repayment, to form a list of clues; Second, do not obtain the other party's transaction records or use their funds privately to avoid infringement and criminal risks; Third, entrust a lawyer to draft an investigation and evidence collection request or an investigation order application, and submit it to the court within the evidentiary period, while simultaneously verifying the other party's real estate, vehicles, securities, and insurance; Fourth, after obtaining the transaction records, compare them with any abnormally large expenditures to serve as the basis for claiming a smaller share of the property or pursuing transfer of liability. Throughout the entire process, keep written evidence to facilitate subsequent cross-examination.

The above Q&A is mainly based on the judicial practice in the Beijing area. 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, so as to avoid missing the statutory time limit. →Divorce litigation legal services·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 a dispute arises, please consult a practicing lawyer in time.