When applying for the court to investigate the other party’s bank account, the applicant needs to be specific so that the court would do exactly what he/she wants. For example, if the lawyer does not specify what information is needed, the judge may just give a figure of the balance which is pretty much useless if the other party has already transferred all the money out. The details of the transference record of 12 months shall be required for such bank account information investigation. The detailed information is useful for understanding how each large amount of money was transferred, we may ask the other party to explain the rightful purpose of each transference. If the other party cannot give the convincing information of the transference, we may claim malicious transference of community property.
In addition, the applicant is also required to give specific information of the account such as information about whether such bank account was opened and the address of the bank, this is for the convenience of the court as they need to go to each bank to collect the information. Collecting the basic information of the bank is crucial for the party claiming property division against the other party, there should be some opportunities for the party to know bank account information during the daily marriage life, for example, the receipt from the bank.
Similarly, there are some other situations where applying to the court to investigate is necessary, the lawyer shall provide as much information as possible and specify the requirement as clear as possible. It’s well-known that judges and their assistant in China are always very busy, they have not enough time to investigate all details with initiative, which is why the lawyer needs to guide them on the investigation direction and purpose.