Hong Kong divorce procedures
Five things to know about divorce procedures
In the divorce agreement, when the court has announced the divorce and dissolved the marriage, the two people are no longer each other's partners and can enjoy freedom.
The rights enjoyed by previous partners will also be affected when the marriage is dissolved, such as:
Benefits from former spouse’s life insurance;
social Security;
tax benefits (e.g. married person allowance);
Medical insurance provided by the former spouse’s employer;
Divorce can cause you to lose your ex-spouse's testamentary gifts (such as those listed in your will) or your interests in a family trust.
After divorce, both parties will lose certain rights granted by the marriage laws, especially the right to the matrimonial home, that is, the right of both spouses to own the matrimonial home (the couple's primary residence).
However, with respect to the children, the father or mother will retain their parental responsibilities after divorce (unless the court orders otherwise) and must provide living expenses to the children.
After a divorce, any financial support or property distribution orders (if any) made by the court against the parties will take effect, as will any orders regarding the settlement of any children (such as the transfer/receipt of property), or orders to change the settlement arrangements. All orders involving child custody will also take effect immediately upon issuance.
Source: https://familyclic.hk/
According to statistics released by the government, approximately 50,000 couples registered for marriage in Hong Kong in 2018; in the same year, 20,321 divorce cases were petitioned or processed by the courts. If we compare the number of divorces with the number of marriages in the same year, the proportion is about 41.2%. This set of figures is roughly similar to the levels of the previous five years, indicating that the demand for divorce through legal procedures is relatively stable in the short term; however, compared with 1996, the overall number of cases has increased more than five times, reflecting the significant increase in social demand for formal means of dissolving marriages in the past few decades.
When facing changes in marriage, in addition to emotional adjustment, practical issues such as child custody and visitation, housing and living arrangements, property and alimony must also be dealt with. Understanding the procedural differences, required documents, and general timelines for uncontested and contested divorces early will help you evaluate your situation and plan your next steps. Hengcheng Firm has long been assisting parties in handling various divorce procedures and can provide clear step-by-step instructions and legal opinions to help you advance the case steadily at a controllable cost.
consensus
property distribution
child custody
Alimony
divorce agreement
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.
Alimony
Divorce alimony (separate family) refers to an agreement that one party must give the other party a certain amount of property after divorce.If there is no agreement, you cannot make a request after the divorce.
custody
Child custody refers to the power to care for and supervise children through a court order. The parent who obtains custody after a divorce is responsible for the daily care of the child concerned.
Divorce between China and Hong Kong
The procedures and procedures for divorce in China and Hong Kong are very different from those in Hong Kong regarding family matters. Marriages in China and Hong Kong have always encountered difficulties in seeking recognition and enforcement of judgments in marriage and family dispute cases in both places.
Divorce fees start at HKD$2,000
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The procedures for cases involving child custody arrangements, property distribution and alimony are often more complicated. Our team has extensive experience in handling family matters and can assist you in efficiently advancing your application through settlement, protecting your interests while striving for the shortest processing time.
Frequently Asked Questions about Applying for Divorce
If a divorce applicant wants to apply for child custody and alimony, Hong Kong Hengcheng Firm has an experienced and powerful team that can protect your best interests.
How long does it take after marriage to apply for divorce?
Before a judge accepts a divorce case filed for less than one year of marriage, the judge will consider the rights and interests of any family children as defined in Section 2 of Chapter 192 of the Matrimonial Proceedings and Property Ordinance, including non-biological children. The judge will also consider the reasonable possibility that the parties can reach a settlement before the expiration of one year.
Source: https://familyclic.hk/
What forms need to be filled in for a divorce petition filed by one party?
- Form 2 – Petition for Divorce
- Form 2B – Statement of Arrangements for Children
- Form 3 – Notice of Legal Proceedings
- Form 4 – Acknowledgment of Document Service (Just fill in the case number and names of both parties) True Statement Petitioner’s Family Mediation Certificate
Once all documents have been submitted, the hearing will be scheduled. If the two parties cannot reach an agreement on financial arrangements, the petitioner needs to submit a financial statement (Form E) and arrange an initial appointment. If the two parties cannot reach a consensus on the child custody arrangement, the court will order the Social Welfare Department to arrange an interview with the children to understand the case and conduct a child dispute resolution hearing.
Source: https://familyclic.hk/
Can a man ask for alimony from a woman?
In general, in accordance with common law principles, a husband usually has to support his wife, but the law does not distinguish the importance of a husband's claim from his wife or a wife's claim from her husband.
Under normal circumstances, it will be more difficult for a husband to obtain financial support from his ex-wife than under normal circumstances. However, if the wife has sufficient financial resources to pay alimony, she may also be legally responsible for the same.
Source: https://familyclic.hk/
What should I do if the other party disagrees with the divorce?
The following are evidence that one or more of the following grounds will be acceptable in court:
- Before filing the divorce petition, the petitioner and spouse have lived separately for at least 2 consecutive years.
(In this case, the spouse's consent is not required for the divorce.) - The petitioner has been abandoned by his spouse for at least one continuous year before filing the divorce petition.
- 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.
- 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.
If the family has children under the age of 18, proposed child custody and visitation arrangements must be included in the divorce petition. On the other hand, if you plan to apply for distribution of marital assets, transfer of property ownership, alimony, etc., you also need to clearly list them in the divorce petition.
Source: https://familyclic.hk/
What factors will the court consider before awarding child custody to one or both parties?
- accommodation that can be provided for the children;
- The wishes of the children themselves;
- The benefits of having all siblings living with one parent;
- family religion and culture;
- Any professional reports, such as reports from medical, school or court welfare officers, which may relate to the child's relationship with family, living conditions, mental or health issues, etc.
- Maintain the status quo as much as possible;
- The age gap between parents and children;
- The parents’ character, abilities and personalities;
- parents’ economic and financial resources;
- the mental health of parents and children;
Source: https://familyclic.hk/
Do you have to be separated for 2 years before you can apply for divorce unilaterally?
Other unilateral application methods will choose unreasonable behavior as the second choice.
Adultery and abandonment are relatively difficult to prove, and the cost and time are relatively high, so it is not recommended.
Source: https://familyclic.hk/
Does it matter where you get married or divorced?
No matter where you got married, as long as the marriage is valid and proven, you can apply for divorce.
Two people should pay attention to the following factors before applying for divorce:
a. On the date of filing the petition or application to the court, either party to the marriage is domiciled in Hong Kong (there are currently several ways to determine whether a person is domiciled in Hong Kong, for example, if the person concerned holds a Hong Kong permanent identity card, or they are a Chinese citizen who has lived in Hong Kong continuously for seven years, they will be deemed to be domiciled in Hong Kong);
b. Either party to the marriage has been habitually resident in Hong Kong within three years before the date of filing of the petition or application to the court; or
c. On the date of filing the petition or application to the court, either party to the marriage has a "close connection" with Hong Kong.
Whether there is a "close connection" with Hong Kong will depend on the circumstances of each case, such as how long the parties have lived in Hong Kong before filing for divorce, how long they plan to stay, whether they work in Hong Kong, and whether they have acquired any property or rental properties locally.
Source: https://familyclic.hk/