In Hong
Kong it is possible to obtain a divorce only on the ground
that the marriage has broken down irretrievably.
In order to demonstrate this a petitioning
party needs to show the existence of any one of the following
five facts.
These are:
|
The
adultery of the other spouse |
|
The
other spouse's unreasonable behaviour. |
|
The
fact that the petitioner has been deserted. |
|
The
parties have lived apart for one year and the spouse
agrees to the divorce. |
|
The
parties have lived apart for two years in which case
no consent is needed |
The majority of divorces go undefended.
In the case of undefended divorces the procedure has been
made a lot easier with recent changes in the law. To institute
a divorce the party seeking to initiate the divorce must
file a petition with the court putting forward various details
required by the court to grant the divorce. This must be
served on the other spouse and if undefended he/she must
file an acknowledgement with the court not objecting to
the proceedings. Normally a short court hearing takes place
and parties can be divorced in 6 to 8 months.
Where there are children and financial
considerations to be taken into account, it is possible
for these matters to be dealt with separately where there
is no agreement between the parties.
Legal separation is also possible and
our panel of solicitors are able to advise on all matters
relating to matrimonial issues including custody and maintenance.
If you need advice without charge as to
whether you are entitled to divorce please fill out the
attached questionnaire below
and one of our solicitors will follow up with a telephone
call or e mail advice.
Legal aid is available for divorce
and matrimonial matters and providing you fall within the
required financial limits the Legal Aid department will
pay your legal fees.
Divorce Questionnaire
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