Hong Kong Hengcheng Office
The divorce agreement is the core document in the marriage dissolution process. Hengcheng’s professional team will assist you in properly handling every detail, making the procedures clear and orderly, and effectively protecting the legitimate rights and interests of both parties.
Hong Kong Divorce Agreement
Application qualifications and time requirements
Length of marriage: Under normal circumstances, both parties must wait for twelve months after the marriage to apply for dissolution of marriage. Under special circumstances, the parties may apply to the court for exemption.
Jurisdiction: Applicants must ensure that the Hong Kong courts have relevant jurisdiction and meet one of the following conditions:
- On the date of application, either party to the marriage has close ties with Hong Kong
- Within three years before application, either party to the marriage had Hong Kong as his or her habitual residence
- On the date of application, either party to the marriage is domiciled in Hong Kong
Necessary contents of the agreement
The petition must state the basic personal information of both parties, including the date of marriage registration, the address where they once lived together, and the date of actual separation, and clearly state the basis and reasons for filing the application for dissolution of marriage.
If there are children under the age of 18 at home, suggestions for raising arrangements must also be listed, covering specific plans for residence, schooling, visiting hours and daily living expenses.
Divorce procedures
According to the Matrimonial Causes Ordinance of Hong Kong, there is a time limit for divorce applications. Unless permitted by a special court, under normal circumstances, two people must be married for at least 12 months before they can apply for divorce.
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.
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 their children can receive financial support and protection.
Divorce between China and Hong Kong
Unilateral divorce between China and Hong Kong due to family disputes between the Mainland and Hong KongDivorce procedures in China and Hong KongandDivorce between China and Hong KongProcedures vary greatly
Why choose Hengcheng to process divorce agreement?
Hengcheng Firm has been engaged in marriage and family legal services in Hong Kong for many years. With its rich practical experience and rigorous professional attitude, it helps clients complete every legal procedure in the safest way while fully understanding their own rights and interests.
One-to-one attentive service throughout the process
From the first free consultation to the formal submission of the petition, our consultants are with you every step of the way, developing a personalized plan for each client's specific situation. Whether it involves child custody arrangements, property distribution or cross-border matters, we strive to handle them properly for you in an efficient and low-cost manner, allowing you to go through this transition period with peace of mind.
Divorce Agreement Frequently Asked Questions
Before applying for a divorce agreement, many people have questions about details such as separation certificates, property distribution, and child support arrangements. The following is a list of frequently asked questions for your reference. If you need clarification on any specific situation, please feel free to contact our consulting team at any time.
1. What counts as separation? Do I need to prove separation?
If the applicant is unable to apply for divorce for different reasons, either person can separate.
If the applicant cannot separate for different reasons, the applicant has the right to live in the same residence but separately. If there are separate rooms or beds, no sex life, etc., and the other party knows that the applicant party has the intention to separate, then this separation model under the same roof can also be accepted by the court.
No additional proof of separation is required.
I have seen an example where the couple basically live and work in separate places, but still see each other on holidays, and go out to meet friends and relatives as husband and wife. The woman suddenly received a divorce petition from her husband, stating that they had been living separately for at least 2 consecutive years. Since the wife was completely unaware of her husband’s intention to separate, she filed a defense.
For this kind of contested separation, it is best to prepare the separation papers in advance so that you can file for divorce after 2 years of separation.
2. After living apart for one year, do both parties agree to sign together?
Many times, when couples divorce, they no longer want to face everyone. Generally speaking, as long as the party filing for divorce appears to sign, the other party can sign the defense form by mail, or a third party other than the applicant can help deliver it, and the respondent will sign it and return it to the bank.
3. What is the annulment of marriage and how do I apply for it?
(a) Nonesexual behaviorAs a result, the two people did not have a perfect married life;
(b) Someone in the relationship refusessexual behavior；
(c) Someone in the relationship uses coercion or other methods to prevent either party from marrying voluntarily;
(d) Either party to the marriage, although capable of giving valid consent at the time of marriage, is suffering continuously or intermittently from a mental disorder within the meaning of the Mental Health Ordinance (Cap. 136), and the type or degree of mental disorder he or she suffers from renders him/her unfit for marriage;
(e) The respondent was suffering from a communicable venereal disease at the time of marriage;
(f) The respondent was pregnant at the time of marriage and the person who made her pregnant was not the petitioner.
4. Can I claim more property from my spouse for unreasonable behavior?
Many people think that if the other party is unfaithful to them, the court will favor them and make the result favorable to them. But in reality, the Hong Kong court's position is neutral, if there is really serious behavior. For example, ordinary adultery, beating each other, and not having time to take care of the family are not serious situations.
5. Do I have to state the reason for filing for divorce?
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.
Hong Kong Divorce Agreement Fees
Before applying for a divorce agreement, it is recommended that both parties fully communicate on important matters such as property distribution, child care and alimony, and reach a consensus before applying. This will help reduce procedural costs and avoid unnecessary disputes in the future.
The petitioner must provide sufficient evidence to the court to prove that the marital relationship has reached a point where it cannot be repaired before formally filing an application for dissolution of marriage.
Divorce agency service scope
Draft and process separation agreements and separation certification letters
Full agency handling of divorce application
Child custody and visitation arrangements
Alimony application and agreement
Distribution of joint property between husband and wife
Application for Protection Order and Supervision Order
Change custody order
Matters related to children born out of wedlock
mediate differences between parties
General Separation/Unreasonable Behavior Assessment
- An uncontested divorce can be completed in as little as 5 months (a temporary divorce order can be obtained in about 3 months)
- Professional preparation and advice before attending the hearing
Starting from HKD$2,000