It has not been possible to impose a restriction on Hong Kong property when divorce proceedings are pending in another jurisdiction. Filing a divorce application or joint divorce application sets a court case in motion, so it will be helpful for you to seek legal advice before filing it. Please note that although the staff of the family court office try to provide you with all assistance regarding divorce proceedings, they are not lawyers and are not authorized to provide legal advice. If you and your spouse are struggling to coordinate your children`s care and contact agreement in the separation/divorce process, you can seek help from social workers at specialized co-parenting support centers. It is important to remember that although a divorce decree issued by the Hong Kong court is recognized in many countries, it is not automatically recognized in all places, which affects the final enforceability of an order made by the Hong Kong court. There are other ways for the parties to try to “speed up” the process. Mediation and private FDR are available to the parties to try to reach an agreement between them, which is highly recommended by the courts. If the parties reach an agreement, a declaration of consent under the terms of the agreement may be submitted to the court for approval. A divorce in Hong Kong usually takes four to six months, provided that both spouses can agree on the terms and does not cause further complications during the proceedings. In reality, many divorce cases raise complex issues, particularly with regard to children and/or the division of matrimonial property. Unfortunately, but it`s true, some procedures could even take years. Unless otherwise authorized by the court, you can only file for divorce if you have been married for at least 1 year. Yes, a new marriage certificate can be obtained after an absolute judgment has been issued, making the divorce fully effective.

The time frame for the issuance of an absolute decree may vary in most circumstances when deciding and approving the financial regulations and arrangements relating to children. If the matrimonial property includes real estate in Hong Kong, it may be advantageous for a party to file for divorce in Hong Kong if they are entitled to it. Family mediation is a problem-solving process designed to help couples who are divorcing or separating to make their own mutually acceptable agreements on ongoing arrangements for their children and/or resolving financial matters. Whether divorce proceedings are initiated or not, both parties have a duty to fully and fully disclose their global financial resources. The courts of both jurisdictions deal with assets that the parties hold, regardless of the location of the asset or income. If one or both parties have come to the conclusion that the only way to resolve an impasse is divorce, there are certain aspects to consider. Experts believe that such an increase can be linked to a variety of factors, including financial and professional pressures, long working hours, lifestyle and values that deviate from tradition. Stress in life can become quite intense in Hong Kong: small housing, rising cost of living, professional ambitions and the search for material success can contribute to increased tensions between spouses. Over the past year, additional restrictions due to the COVID-19 pandemic have worsened the situation, leading to an increasing number of divorces. You must ensure that at least one of the following conditions is met before an application for divorce or petition can be filed: Each party was a resident of Hong Kong at the time of the application or application; each party had its habitual residence in Hong Kong for a period of 3 years immediately preceding the date of the application or application; or one of the parties had a “substantial connection” to Hong Kong at the time of the petition or request.

However, since Hong Kong does not properly recognize same-sex marriage, same-sex couples cannot be divorced in Hong Kong. Even polygamous marriage cannot be dissolved in Hong Kong. If you are an expat in Hong Kong, you can file for divorce in Hong Kong if you meet any of the following conditions. Once filed, the application for divorce must be served on the other spouse. The family court will then deal with the divorce. If it is not defended – which means that the other spouse does not contest it – a request for a Nisi decree follows. After obtaining the Nisi decree, the family court issues an absolute decree that essentially dissolves the marriage. If the application is defended, the spouse must file an application with the family court for a hearing date to discuss the contentious issues. The parties must have their habitual residence in Hong Kong for the three-year period immediately preceding the application for divorce. If a person has lived and worked in Hong Kong for 3 years prior to the date of the divorce application, there is usually no difficulty in determining whether this criterion can be met. According to § 3 of the Matrimonial Property Ordinance (Ch. 179), the courts of Hong Kong have jurisdiction to hear divorce proceedings if one of the parties to the marriage: the court will not find that the parties have a substantial connection with Hong Kong if this is obvious or if it can be proved that they came to Hong Kong for the purpose of initiating divorce proceedings.

Before you divorce, counselling can help you discuss your problems, develop skills, resolve conflicts, and learn more about future options. Counselling and referral service is provided by Integrated Family Service Centres/Integrated Service Centres for individuals and families in need. As can be seen above, there are many factors to consider when deciding where to file for divorce. If a party has the right to seek divorce in two or more jurisdictions, it must seriously consider where the best place for the proceedings is, taking into account the nature and location of the property and other practical considerations. So the question is where should they file for divorce. Can they divorce in Hong Kong or do they have to go home? This article will expose eligibility for divorce in Hong Kong and examine the similarities and differences between the Hong Kong regime and the courts of England and Wales. .