Professional divorce consultant in China and Hong Kong
As the exchanges between Hong Kong and Shenzhen become increasingly frequent, cross-border marriages have become very common. However, there are fundamental differences in the divorce legal systems between the two places - Hong Kong follows the common law system, while Mainland China adopts statutory marriage laws. As a result, divorce between China and Hong Kong faces complex challenges in terms of jurisdiction determination, property distribution principles and child support arrangements.
Divorce judgments issued in Hong Kong may not automatically be recognized by the Mainland. Similarly, divorce agreements in the Mainland may also be difficult to enforce in Hong Kong. How to obtain legally binding rulings in both places is the core issue that divorce parties in China and Hong Kong are most concerned about.
Hengcheng Law Firm has been deeply involved in the field of cross-border marriage and family affairs between China and Hong Kong for many years, and is well versed in the legal differences and practical operation points between the two places. We provide one-on-one free preliminary consultation to help you evaluate the most appropriate application strategy and ensure that your legal rights and interests such as property, child support and alimony are properly protected in both places.
property distribution
custody
Divorce procedures in China and Hong Kong
Mainland China and Hong Kong divorce alimony
Generally speaking, the Hengcheng team recommends that parties wait twelve months after the marriage has expired before filing for divorce. In addition, the parties also have the right to apply to the court for "legal separation". Their application is not restricted by the twelve-month marriage period. At the same time, they can make arrangements for alimony, asset distribution, child custody and other matters, and the effect is the same as a formal divorce.
Instructions for Divorce in China and Hong Kong
Common types of divorce in China and Hong Kong
According to Article 12 of Hong Kong’s Matrimonial Causes Ordinance, an application for divorce must be made at least 12 months after the marriage. Unlike mainland China, Hong Kong has clear restrictions on marriage dates, which reflects its legal protection and serious attitude towards marriage.
The divorce systems in the two places are different. Understanding the applicable legal framework is the first critical step for successful divorce in China and Hong Kong.
Unilaterally and resolutely opposed to divorce
Unilaterally insisting on not getting a divorce and using non-cooperative actions to achieve the goal of not getting a divorce.
The parties filed for divorce in a Hong Kong court
The two applied to the court for divorce in Hong Kong, but the Mainland savings, real estate and property were not properly distributed. All property in the Mainland was also registered in the name of one of them, and the other party privately handled their property.
Divorce procedures
Time limit: In addition to obtaining the general permission of the court, under normal circumstances, according to the Hong Kong Matrimonial Causes Ordinance, two people can apply for divorce after at least 12 months of marriage.
divorce agreement
The divorce petition (also known as the agreement) needs to fill in the personal information of the two people, listing their marriage date, current marital status, previous address of residence, date of separation and each person's address.
Alimony
The purpose of alimony is to ensure that the normal lives of both parties will not be affected by divorce, so that the party requesting alimony or his or her children can receive financial support and protection.
custody
Generally speaking, custody refers to the power to care for and supervise children through a court order. The father or mother who obtains custody after divorce must be responsible for taking care of the children's daily lives and making decisions regarding their children's day-to-day welfare. The court may also grant joint custody.
As long as one of the parties holds a Hong Kong domicile, has habitually resided in Hong Kong within three years before the application, or can prove that he has close ties with Hong Kong, the Hong Kong court will have jurisdiction to accept the China-Hong Kong divorce application.
China and Hong Kong divorce agency service scope
- Full-service divorce agency in China and Hong Kong
- Property distribution and adjustment
- Child custody and visitation arrangements
- Application for alimony and related arrangements
- Drafting and processing separation agreements
- Application for Protection Order and Supervision Order
- Change custody order
- Matters related to children born out of wedlock
- mediate differences between parties
- An uncontested divorce can be completed in as little as 5 months (a temporary divorce order can be obtained in about 3 months)
- Provide professional legal advice and hearing support
Starting from HKD$2,000
Why choose Hengcheng to handle divorce in China and Hong Kong?
Divorce in China and Hong Kong involves different legal systems in the two places, and the procedure is more complicated than ordinary divorce. With its rich experience in cross-border marriage and family cases, Hengcheng provides clear legal analysis and full-service agency services to ensure that your rights and interests are fully protected in both places.
The complexity of each case varies. The more disputes there are, the more time and cost will be required. We encourage parties to communicate actively and rationally to properly resolve disputes in the most effective way.
Unsuccessful, no charge
Rich experience, trusted by customers
Always care about customer needs
Put customers first, treat customers with sincerity
Common divorce issues in China and Hong Kong
Statutory legal provisions on divorce property adjustment and alimony payment in Hong Kong
According to Section 7(1) of the Matrimonial Proceedings and Property Ordinance, Chapter 192 of the Laws of Hong Kong, Your Majesty will consider factors including:
(1) The earning capacity, assets and additional financial resources of the married couple;
(2) The foreseeable future financial needs, burdens and responsibilities of the married couple;
(3) The living standards of the two people;
(4) The age of the two persons;
(5) The physical and mental conditions of the two persons;
(6) Their contribution to the family;
(7) Interests lost due to divorce.
When making a judgment based on the facts of the case and considering the above factors, the court must make a judgment on property division and alimony payment as appropriate to achieve the legal principle of "fairness".
The divorce process in Hong Kong can be divided into three relatively independent parts
(1) Divorce proceedings, that is, the parents dispute whether their relationship will be dissolved;
(2) Child arrangement procedure, which means that the parents make arrangements for the custody, support, visitation and other issues of their children;
(3) And the property dispute procedure, that is, at or after the dissolution of the marriage, the court makes a ruling on the distribution of marital property in the form of an ancillary relief order.
One party in China-Hong Kong divorce case is missing
Case 1: Ms. Zhang is a Hong Konger who registered her marriage to a man from the Mainland many years ago. It is found that the whereabouts of the other party are unknown, and there is no information about the other party in hand;
Case 2: Mr. Li, a mainlander, registered his marriage with a Hong Kong woman more than ten years ago, but later the Hong Kong woman could not be contacted;
Case 3: Mo, a Hong Konger, registered his marriage with a girl from Hainan after being introduced by an intermediary, but was unable to contact her later.
When we handle China-Hong Kong divorce cases, we often encounter various problems, the most common of which is that one party is missing and there is no information about the other party. In various situations, what should we do?
First of all: we should find out the other party’s real information, including identity information and marriage information;
Secondly: We must understand that according to mainland law, if the whereabouts of a party are unknown, the court can serve it by public notice. If you fail to appear in court within the time limit, the court may make a default judgment;
Finally: choose the appropriate court for litigation. If the marriage is registered in the mainland, the lawsuit will be filed in the court where the marriage was registered; if the marriage is in Hong Kong, the marriage certificate formed in Hong Kong must be notarized by a Hong Kong lawyer and stamped with the forwarding seal of the Ministry of Justice of China.
The Hong Kong SAR government recognizes divorce cases decided or mediated by mainland courts. In addition to the divorce certificate issued by the civil affairs department to dissolve a mainland marriage, the judgment and mediation letter issued by the court are also legally binding, but proof of the validity of the legal document must be provided to the authorities at the same time.
Divorce property division and alimony payment in Hong Kong
Asset distribution and alimony payment refer to the same legal issue, and in divorce, one person pays part of the property in their respective names to the other person in the court according to the individual circumstances of the case.
The laws in Hong Kong are different from those in the Mainland. Hong Kong does not have the legal concept of joint assets in divorce. Therefore, during the marriage, the property in the name of one party, such as real estate, is legally the property of that individual. In a divorce, the court will, depending on the circumstances of the case, make adjustments if necessary to pay part of the assets from one party to the other party in order to achieve the goal of fairness. In the Mainland, even if the property purchased during the marriage is in the name of one party, it is the joint property of both parties. Therefore, in the Mainland, the term "community property division" is used, while in Hong Kong, "property adjustment" or "divorce ancillary relief" is used to express the corresponding meaning.
There are types of orders that Hong Kong courts may issue depending on the circumstances of the case.
- A periodic payment order means that the joint property cannot meet the living requirements of the two people after divorce, and one person cannot provide alimony in one go. The court will issue a periodic payment order.
- Guaranteed Periodic Payment Order. That is to transfer certain properties of the paying party into a trust fund. If payment is not made when due, the trustee can use the income or principal of the fund to pay. In addition, even if the payer dies, the payee can still receive alimony from the fund regularly until the payee remarries or dies.
- Lump-sum payment order: When the joint assets are relatively sufficient and one party is able to pay alimony in one go, the court will issue a lump-sum payment order.
- Property transfer order; a court order to transfer property to another party's name.
- Confinement Arrangement Order. That is, it is decreed that one party to the marriage can enjoy certain rights and interests in the property. For example, a husband transfers property to his wife's name, and the purpose of the conferment is to let his wife and children live together in the building until the children reach the age of 18. The building is then sold, and the husband and wife share the proceeds from the sale equally or proportionally.
- An order to sell property means that the court orders the property to be sold to a third party in the market in order to divide the price.
- Other decrees.
Is it necessary to state the reasons for divorce in China and Hong Kong?
Applicants need to prove the reasons for their divorce, indicating that the relationship has reached its end, and that the court has said that "the relationship has broken down beyond repair."
Hong Kong’s laws generally allow the following certificates:
- The spouse has committed adultery and the petitioner finds it unbearable to live with him/her.
- The behavior of the spouse is such that the petitioner cannot reasonably be expected to live with him/her.
- Before filing the divorce petition, the petitioner and his spouse have lived separately for at least one continuous year, and his spouse has agreed to the divorce.
- Before filing the divorce petition, the petitioner and spouse have lived separately for at least 2 consecutive years.
(In this case, spouse’s consent is not required for divorce.) - The petitioner has been abandoned by his spouse for at least one continuous year before filing the divorce petition.
- For a joint application, both parties must prove to the court that:
- The parties have lived separately for at least one continuous year before filing for divorce; or
- Not less than 1 year before applying for divorce, a divorce consent letter signed by both parties has been submitted to the court, and the notification has not been withdrawn subsequently.
If there are children in the family who are under the age of 18, the divorce petition must include recommendations for child custody and visitation arrangements. - In addition, if you plan to apply for ancillary relief, such as alimony, transfer of property ownership, distribution of marital assets, etc., you should also file it in the divorce petition.