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Family Law & Divorce

Frequently Asked Questions About Divorce

All the things you need to know about divorce

To file for divorce in Hong Kong, you must first meet one of three jurisdictional requirements:

  • Either spouse is domiciled in Hong Kong when proceedings are issued;
  • Either spouse has been habitually resident in Hong Kong for the 3 years immediately before filing; or
  • Either spouse has a substantial connection with Hong Kong at the time of filing.

Once jurisdiction is met, you file either a Joint Application (both spouses agree) or a Petition (one spouse files), together with your marriage certificate, supporting documents, and the court fee of HK$630. The Court will then deal with three core issues: the divorce itself, arrangements for any children, and ancillary (financial) relief.

The only ground for divorce in Hong Kong is that the marriage has irretrievably broken down.

If you file by Petition, you must prove this with one of five facts:

  • Adultery
  • Unreasonable behaviour
  • 1 year’s separation with your spouse’s consent
  • 2 years’ separation without consent
  • Desertion for at least 1 year before filing

For a Joint Application, both spouses must consent and have been separated for at least one year.

An uncontested divorce is usually finalised within 9 to 12 months. Contested divorces — particularly those involving children or complex finances — typically take significantly longer, sometimes 2 years or more depending on the issues in dispute.

You generally must be married for at least one year before filing for divorce in Hong Kong, unless the Court grants leave to file earlier in exceptional circumstances.

A Joint Application is filed by both spouses together when they agree to divorce and have been separated for one year.

A Petition is filed by one spouse alone and is based on either one year separation with consent, two years separation, unreasonable behaviour, adultery, or desertion..

In a straightforward uncontested case, the Decree Nisi is typically granted around 6 to 9 months after filing. You can then apply for the Decree Absolute — which formally ends the marriage — 6 weeks after the Decree Nisi is pronounced.

Yes. You can file for divorce in Hong Kong even if your spouse lives abroad, provided the Hong Kong courts have jurisdiction (i.e. either spouse is domiciled here, has been habitually resident for 3 years, or has a substantial connection with Hong Kong). The divorce documents must also be properly served on your overseas spouse, which may require additional steps depending on the country.

In uncontested cases, personal attendance is usually not required. In contested matters, personal attendance is necessary. However, there are applications which can be made to excuse attendance or to attend via videoconferencing platforms if justified.  

No, you are not legally required to engage a lawyer. However, divorce involves long-term decisions about finances, property and children, so it is strongly recommended to seek legal advice — even in seemingly straightforward cases — to ensure you understand your rights and entitlements before signing anything.

There is no fixed cost for divorce in Hong Kong. The total cost depends on whether the divorce is contested, the complexity of the financial issues, and whether children’s arrangements are in dispute. Uncontested divorces with no significant assets cost considerably less than contested matters involving cross-border assets or custody disputes.

Possibly, yes. If your right to remain in Hong Kong depends on your spouse’s visa status, divorce may affect your immigration status. Seek immigration advice early to understand your options — including whether you can switch to another visa category — and any steps required to maintain lawful residence.

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