Hong Kong - Divorce
If you are filing for a divorce, consult with a solicitor (lawyer). Below is information about divorce proceedings, but a lawyer will be able to ensure that the process is carried through correctly.
A divorce is possible for couples who were married outside of Hong Kong as long as they reside here.
If only one person wants a divorce, he/she must fill in a form called a “Petition”. Then he/she must deliver it in person to the Family Court Registry, M1/F, M2/F, and 1/F, Wanchai Tower, 12 Harbour Road.
If both parties agree to a divorce, you will fill in a form called a “Joint Application”.
You can not get a divorce unless you have been married for a least one year, unless you have special permission from the court.
Grounds for Divorce—taken directly from the amended Matrimonial Causes Ordinance. The only grounds for a divorce is that the marriage has irretrievably broken down. This must be supported by one or more of the following five facts:
- adultery
- unreasonable behaviour
- desertion by a party for one year
- separation for one year where both parties consent to the divorce
- separation for two years where one party does not consent.
For joint application of a divorce, either of the following may be cited as the basis for divorce:
- One year’s prior notice
- One year’s prior separation.
If you want separation/divorce mediation, ReSource the Counselling Centre offers help. They are a non-profit organization.
Tel: + 852 25238979
website: www.resourcecounselling.org