Jurisdictional Requirements – Who Can File for Divorce in Hong Kong?
Firstly, you must have been married for at least 1 year before filing, except in cases of exceptional hardship or exceptional depravity.
Once the time threshold is surpassed, a Party to the divorce must be:-
- Domiciled in Hong Kong at the time of filing; OR
- Habitually resident in Hong Kong for the 3 years before filing; OR
- Have a substantial connection to Hong Kong.
One of the above requirements must be met in order to file for divorce in Hong Kong. It does not matter where the parties were married.
What are the Grounds for Divorce?
Hong Kong law requires proof that the marriage has irretrievably broken down. This can be shown by filing a Petition for divorce under one of the following grounds:
- One Year Separation with Consent: Parties have lived apart for a continuous period of at least 1 year, and the other Party consents to the divorce
- Two Years Separation: Parties have lived apart for a continuous period of at least 2 years (consent is not required)
- Unreasonable behaviour: Your spouse has behaved in such a way that you cannot reasonably be expected to live with them
- Adultery: your spouse has committed adultery and you find it intolerable to live with them
- Desertion: Your spouse has deserted you for a continuous period of at least 1 year
Do I file a sole Petition or a Joint Application?
Sole Petition – this is where one spouse (the petitioner) makes the application to the Court and the other (the respondent) responds
Joint Application – this is where both spouses apply together
Both paths are similar. However, a joint application is only available where the parties rely on one year’s separation with consent. The joint application documents filed have to also be signed by both parties, which can sometimes be logistically more time-consuming.
What are the next steps?
If the divorce is uncontested and not defended, the case will be listed on the “Special Procedure List”.
If the Registrar is satisfied that you have proved the contents of the petition or application, a Decree Nisi Order will be granted. The decree nisi is a provisional order of divorce pronounced when the court is satisfied that a person has met the legal and procedural requirements to obtain a divorce.
An application for the Decree Nisi to be made Absolute needs to be filed after six weeks from the date of the Decree Nisi Order. Once the Decree Absolute has been granted, you are deemed officially divorced.
However, if there are children of the marriage, the decree nisi will not be made absolute until the Court declares that it is satisfied with the arrangements made for them.
Ancillary relief (i.e. financial matters) and children matters (if any) will be dealt with in parallel to the above divorce proceedings and follow their own procedural path separate to the above.
Frequently Asked Questions (FAQs)
Where do I file the divorce Petition or Joint Application?
At the Family Court Registry, Wanchai Law Courts, Wanchai Tower, 12 Harbour Road, Hong Kong. The filing fee is HK$630. A further fee is payable to set the case down: HK$630 on the Special Procedure List (uncontested) or HK$1,045 on the Defended List.
What happens once I have filed the Petition for divorce?
You must serve a sealed copy of the Petition on your spouse; however, this must be done by a third Party. You must not serve the Petition on your spouse yourself.
Your spouse then has the opportunity to respond to the petition.
How long does it take to obtain a Decree Absolute?
Subject to the specifics of the case, an uncontested divorce in Hong Kong typically takes around 9 months from the filing of the Divorce Petition to obtaining the Decree Absolute. This is based on a simple and straightforward divorce where there are either no children, or the children care arrangements are agreed in advance.
Can I choose to mediate?
Yes. Mediation is a voluntary process aimed at helping couples reach an amicable settlement agreement in settlement of all outstanding matters, including child care arrangements and financial settlements. Mediation can take place at any time, whether before the filing of the Petition or once proceedings have already commenced.
Contact
For advice on divorce, children arrangements and financial matters, please contact Jaerey Velasco at jaerey.velasco@paynevelasco.com.
