Divorce law in Hong Kong is governed by multiple ordinances and case laws. Here is a general description of the divorce process in Hong Kong.

 

The divorce system in Hong Kong is based on the principle of "no-fault", which means that it is not necessary to prove the fault of one party to obtain a divorce (except in certain specific cases) . The only requirement for filing for divorce is that the marriage is “irretrievably broken,” which can be established by proving the existence of one or more legally acceptable grounds.

 

The most common reason for filing for divorce in Hong Kong is de facto separation. This means that the spouses must have lived separately and without cohabitation for a continuous period of 12 months (with consent) or 24 months (divorce without consent of the other spouse). If separation is established, the court will consider that the marriage is irretrievably broken.

 

In addition, there are other grounds on which a petition for divorce may be based, such as adultery, desertion, unreasonable behaviour or prolonged mental illness. Each of these grounds must be proven in court.

 

The divorce process begins with filing a divorce petition with the court (or a joint application). The application must include the grounds on which the divorce is sought, as well as relevant details such as the names of the spouses, the date and location of the marriage, and any information regarding children or joint property.

 

Once the petition is filed, the defendant spouse has the opportunity to respond to the petition, either by accepting the grounds for divorce or disputing the allegations. If the defendant contests the claim, hearings may be held to hear arguments from both parties.

 

The court will consider all evidence presented and make a decision on the divorce. If the divorce is granted, orders regarding child custody, ancillary relief and assets distribution may also be made, depending on the circumstances of each case.

 

It is important to note that the divorce process can vary depending on each couple's individual circumstances. It is recommended that you consult a family law lawyer for personalised and accurate legal advice on what to do when filing for divorce in Hong Kong.

 

Romain Pierre Levaire is a specialist in the law and procedures relating to divorce, children and post-separation financial disputes.