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Ningbo Divorce Court Investigated WeChat Alipay 6 Steps

Ningbo Author：LuXu WANG

WeChat and Alipay have become the main channels for most people's daily financial transactions, but in divorce cases, these two types of electronic payment flows are also the most commonly concealed or deleted evidence. One side said there was no deposit, but hundreds of thousands came in and out of WeChat. One party denied transferring property, but suspicious transfers frequently appeared in Alipay bills. It is unrealistic to log in to each other's mobile phone by oneself to obtain these running water. Applying to the court for an investigation order or judicial investigation is the only legal way.

The Proof Value of 1. WeChat Alipay Running Water in Divorce Cases

weChat and Alipay can fully reflect the daily income and expenditure, consumption habits, transfer objects and funds. In divorce cases, such evidence is often used to prove the following facts: the scope of the joint property of the husband and wife, whether one party has concealed or transferred property, the actual income and consumption capacity of one party, the reasonableness of large expenditures within the marriage, and the existence of extramarital gifts.

Make up for the lack of bank flow.

Many people are used to transferring their wages to WeChat change or Alipay balance immediately after they arrive, and then spending and transferring money through third-party payments. In this case, the simple bank flow can only see the record of "cash withdrawal to WeChat" or "top-up to Alipay", which cannot reflect the subsequent whereabouts of funds. Only by transferring the third-party payment flow can the complete capital chain be restored.

Discover hidden assets and unusual transactions

by analyzing the WeChat Alipay flow, you can find multiple bank cards, financial accounts, securities account entry and exit records bound under the other party's name, as well as large transfers to specific objects. This information is often an important clue to tracing hidden property.

Statutory conditions for 2. application for court investigation

the court's access to evidence needs to comply with the provisions of the Civil Procedure Law on evidence investigation. If the parties are unable to collect evidence on their own for objective reasons, they may apply to the people's court for investigation and collection.

Objective reasons cannot be collected by themselves

weChat and Alipay account information belong to the user data of third-party payment platforms, and ordinary people cannot obtain the complete flow of others through non-litigation channels. Therefore, one spouse applies to the court to obtain the other party's running water from Tencent or Alipay, which usually meets the condition of "cannot be collected by itself for objective reasons.

Related to the facts of the case to be proved

the content of the application for investigation must be related to the facts to be proved in the divorce case, such as proof of the joint property of the husband and wife, transfer of property, actual income, etc. A aimless request to access the other party's entire history may be rejected by the court for being too broad.

The 6-Step Process of 3. Divorce Lawsuit Investigation WeChat Alipay

the first step is to collect clues before the prosecution, including the other party's micro signal, Alipay account number, real name authentication information, bound mobile phone number, etc. In the second step, the claim for property division is clearly stated in the complaint or defense, and it is pointed out that the other party may have concealed or transferred the property. The third step is to submit a written application for investigation and evidence collection to the court, stating the investigated unit, account information, investigation period, facts to be proved and reasons for application. In the fourth step, the court issued a letter of assistance or investigation order to Tencent or Alipay after review. In the fifth step, the investigated unit will feed back the results of the inquiry to the court within the prescribed time limit. In the sixth step, the parties cross-examine the results of the inquiry and form a complete chain of evidence in combination with other evidence.

Core elements of the application

the application for investigation and evidence collection shall include: the basic information of the applicant and the respondent, the application items, the name and address of the investigated unit, the account number or real name information to be obtained, the investigation period, the facts to be proved, the application reason and the legal basis. The investigation period generally starts from the date of registration of the marriage to the time of prosecution or separation, and an excessively long period may be limited by the court.

Focus of Court Review

the court mainly examines whether the content of the application for investigation is related to the case, whether there is an abuse of the investigation power, and whether there is preliminary evidence that the other party has facts that need to be investigated. If a party does not provide any clues at all and applies for investigation based on speculation alone, the court may not grant permission.

Scope and time span of 4. investigation

the scope of investigation should be reasonably determined according to the needs of the case, neither too narrow leading to the omission of key evidence, nor too broad to invade the privacy of the other party.

Time Span

generally, the date of marriage registration is the starting point, and the date of prosecution or separation is the end point. If there is a transformation of property before marriage or a long-term transfer of property after marriage, it can be extended forward or backward appropriately. However, the longer the time span, the more difficult it is for the court to approve, and the higher the cooperation cost of the investigated unit.

Content Scope

common survey contents include: account registration information, real-name authentication information, bound bank card information, balance change records, transfer records, red envelope records, consumption records, financial transaction records, cash withdrawal and recharge records, etc. The specific scope should be set out in the application and decided by the court according to the circumstances of the case.

Key points of 5. evidence transformation and cross-examination

data retrieved from Tencent or Alipay is usually submitted to the court in the form of CD, electronic files or paper materials. These materials need to be cross-examined before they can be used as the basis for determining the facts of the case.

Mutual confirmation with bank running water

weChat Alipay flow in the withdrawal, recharge records, can be confirmed with the bank flow, so as to confirm the final whereabouts of funds. For example, Alipay withdrawals to a bank card, and then transfers from the bank card to a third party, forming a complete chain of funds transfer.

Identification of unusual transactions

the following abnormal transactions need to be focused on: large transfers to the same object in a short period of time, frequent small transfers to specific persons, surprise consumption or cash withdrawal before divorce, transfer to suspected small three accounts, refund and cash withdrawal after purchasing virtual goods, etc. These unusual transactions are often important clues to hiding or transferring property.

6. Privacy Protection and Legitimacy Boundary

the application for investigation of the other party's WeChat Alipay flow must be carried out in a legal manner, and it is not allowed to invade the other party's account, steal passwords or install monitoring software.

Prohibition of obtaining evidence without permission

logging into its WeChat or Alipay account without the consent of the other party, or obtaining its transaction records through technical means, may be suspected of infringing on citizens' personal information or illegally obtaining computer information system data. Relevant evidence may also be excluded in litigation due to illegal evidence collection methods.

The normative use of court investigation orders

at present, the most standardized and least risky way is to issue an investigation order or assist in the investigation letter by the court, and the attorney will go to the investigated unit with the order. The evidentiary materials obtained shall be properly kept and shall only be used for litigation purposes and shall not be disclosed or used for other purposes.

7. case proof

according to similar adjudication rules, one party claims that the other party conceals property in divorce proceedings and applies to the court to obtain the other party's WeChat and Alipay transaction flow for nearly three years. After examination, the court found that the application was related to the identification of the joint property of the husband and wife, and issued a letter of assistance to the third-party payment platform. The results of the transfer showed that the other party frequently transferred a total of 100,000 yuan to several relatives several months before the lawsuit. The court found that the act constituted the transfer of the common property of the husband and wife. When the transfer party was divided, it could be divided less or not, and ordered it to return the corresponding money to the other party. In similar cases, the amount of division or compensation is usually in the range of $100000 to $3 million, depending on the size of the property and the circumstances of the evidence.

According to similar adjudication rules, one party applied for access to the other party's WeChat Alipay water, but failed to provide account information or preliminary clues. The court did not grant permission on the grounds that its application scope was too wide and lacked pertinence. The case suggests that when applying for investigation, the other party's account number, real-name authentication information and the facts to be proved should be provided as much as possible to avoid being rejected due to improper application. In similar cases, the amount of division or compensation is usually in the range of $100000 to $3 million, depending on the size of the property and the circumstances of the evidence.

8. Risk Alert

  • the application for investigation without providing account clues was rejected by the court because the scope was too wide.
  • If you log into the other party's account without permission to obtain running water, the evidence may be excluded due to illegal evidence collection, and even bear legal responsibility.
  • The transferred flow is not mutually corroborated with the bank flow and other evidence, making it difficult to form a complete chain of evidence.
  • Ignoring the reasonableness of the time span, the investigation period is too long, resulting in the application being restricted or not allowed.
  • Lack of professional analysis of unusual transactions, missing key clues to hide or transfer property.

9. FAQ

can I check the other party's WeChat Alipay when divorcing?

Yes, but it needs to be obtained by applying to the court for an investigation order or a letter of assistance in the investigation. You cannot log in to the other party's account without permission. When applying, the account number, real-name authentication information and the facts to be proved shall be provided, and the scope of investigation shall be relevant to the case.

How long will the court approve the withdrawal of running water?

It is generally limited to the date of marriage registration to the date of prosecution or separation, at the discretion of the court, depending on the needs of the case and the cost of the investigation. Longer periods may require more adequate justification.

What can Alipay WeChat prove?

It can prove the scope of the joint property of the husband and wife, the actual income of one party, the consumption situation, the existence of the transfer of property, extramarital gifts, etc. It usually needs to be combined with other evidence such as bank running water and chat records.

What if the other party does not admit the water transferred?

The official flow issued by the third-party payment platform has a high probative force, and the other party denies the need to provide evidence to the contrary. The court will combine the counterparty, amount, time, notes and other information to make a comprehensive judgment.

Practical Experience of 10. Lawyers

if you want to check WeChat and Alipay, it is not realistic to log in to each other's mobile phone by yourself, and it is easy to step on the red line of legality of evidence collection. The only safe way is to apply to the court for an investigation order or a judicial investigation through litigation, which will be retrieved by the court. Therefore, when there is such a demand, don't rush to find a way in private, but first think clearly why this running water is needed and what it can prove, write down the reason for application and the scope of inquiry, and use due process to get evidence, so that the materials obtained can stand up in court. If the procedure is right, the evidence will stand. Patience in this step is far more important than taking shortcuts.

The proof value of WeChat and Alipay lies in their ability to fill the gap in bank flow: many people transfer their wages to change or balance as soon as they arrive, and then pay for consumption and transfer through a third party. They only look at the bank flow, and when the funds are withdrawn to WeChat, the line is cut off. The transfer of third-party payment flow can restore the complete whereabouts of funds, as well as other bank cards, financial and securities accounts bound under the other party's name, as well as large transfers to specific objects. Therefore, when applying, the time span of the inquiry should be covered before and after the marriage change, and the scope should be as comprehensive as possible, not only in the last few months.

After getting the running water, there are still two things to deal with: cross-examination presentation and legality boundary. Don't throw out all the records when presenting, but pick out abnormal transfers, large expenditures and suspicious objects, and explain them one by one around your claims. If the other party interprets it as normal exchanges, it will use time, amount and object to ask about its rationality. At the same time, the investigation can only be carried out through the court in the litigation process. There is an obvious risk in obtaining other people's payment information by technical means. The flow of water and bank records, chat content to confirm each other, these electronic data can really be converted into a court recognized proof.

WeChat and Alipay are important tools to find out the property status in divorce cases, but the access and use must be legal and compliant. The correct approach is to apply to the court for an investigation order or a letter of assistance in the investigation, and the lawyer will take the order from Tencent or Alipay, and then confirm the results with other evidence such as bank flow and chat records to form a complete chain of evidence. If you log into the other party's account or use illegal means to obtain evidence, you may not only face the risk of evidence being excluded, but also bear the corresponding legal liability. It is suggested that the account number and real name information of the other party should be collected as much as possible before the prosecution, and the facts to be proved and the reasonable investigation period should be clearly defined to improve the success rate of the application.