Cases
Cases
Every divorce is different. The cases below are adapted from similar cases we have handled (illustrative cases) and show the application route, time and outcome in different situations. People and details have all been changed.
Illustrative case
Both agree to divorceNo children
Divorce by agreement · No children
- How the application was made
- Joint application
- Time taken
- About seven months
- Fees
- HK$2,500
Illustrative case
Spouse cannot be foundSole petition
Spouse out of contact: sole petition and substituted service
- How the application was made
- Sole petition
- Time taken
- Depends on how long the court takes to approve substituted service
- Fees
- HK$2,500
Illustrative case
Mainland marriageSole petition
Married on the Mainland, spouse on the Mainland: divorcing in Hong Kong
- How the application was made
- Sole petition
- Time taken
- Depends on how long documents take to travel to and from the Mainland
- Fees
- HK$2,500
Illustrative case
With childrenFamily mediation
Children and a disagreement over arrangements: mediate first
- How the application was made
- Mediate first, then a joint application
- Time taken
- Depends on how long mediation takes
- Fees
- Quoted per case
Illustrative case
AccessEnforcing an order
Access not happening as ordered: apply to enforce or vary the arrangements
- How the application was made
- First gather records, then apply to enforce or vary
- Time taken
- Depends on how long the court takes
- Fees
- Quoted per case
Illustrative case
RelocationCourt permission
Want to take the children to live overseas: organise your plan and apply for court permission
- How the application was made
- First organise the plan, then apply for court permission
- Time taken
- Depends on how long the court takes
- Fees
- Quoted per case
Illustrative case
CustodyVarying an order
The child’s wishes have changed: apply to vary the custody order
- How the application was made
- Changing a custody order
- Time taken
- Depends on how long the court takes
- Fees
- Quoted per case
Illustrative case
GuardianshipOther
Grandparents caring for grandchildren: how to apply for guardianship
- How the application was made
- Guardianship applied for through the Social Welfare Department
- Time taken
- Depends on how long the Social Welfare Department and the court take
- Fees
- Quoted per case
Illustrative case
Married in Hong KongJoint application
Married in Hong Kong, but the Mainland will not accept divorce by agreement: apply jointly in Hong Kong
- How the application was made
- Joint application
- Time taken
- About seven months
- Fees
- HK$2,500
Illustrative case
Mainland propertyDisclosure of assets
Mainland property in the other spouse’s name: disclosure and division
- How the application was made
- First organise and disclose the property details, then discuss how to divide it
- Time taken
- Depends on how long it takes to organise and disclose the information
- Fees
- Quoted per case
Illustrative case
Mainland divorce certificateApplying for recognition
Using a Mainland divorce certificate in Hong Kong: apply for a recognition order
- How the application was made
- Organise and notarise the documents, then apply for a recognition order
- Time taken
- Depends on notarisation and court scheduling
- Fees
- Quoted per case
Illustrative case
PropertyRemortgage
Property goes to one spouse but the mortgage cannot be transferred: put a fallback plan in the agreement
- How the application was made
- First draft the terms of the agreement, setting out the fallback plan
- Time taken
- Depends on drafting and how long the bank takes to process the mortgage transfer
- Fees
- Quoted per case
Illustrative case
AccessSchedule
Verbal access arrangements with no schedule: write them into the agreement and apply for a consent order
- How the application was made
- First gather the current arrangements, then discuss a specific schedule
- Time taken
- Depends on the discussion and how long the court takes
- Fees
- Quoted per case
Illustrative case
Spousal maintenanceLump sum
Lump-sum maintenance, with a clause that no further claims will be made
- How the application was made
- First organise the financial information, then state the lump sum and that no further claims will be made
- Time taken
- Depends on the discussion and how long the court takes
- Fees
- Quoted per case
Illustrative case
ValiditySelf-signed agreement
The other spouse objects to an agreement you signed yourselves: ask the court to make an order in its terms
- How the application was made
- First gather the agreement you signed and check its contents, then ask the court for an order
- Time taken
- Depends on the checking and how long the court takes
- Fees
- Quoted per case
Illustrative case
MaintenanceHousing arrangements
Cared for the family full time for years: applying for maintenance
- How the application was made
- Gather the household expenses and your spouse’s income details, then propose periodic payments and housing arrangements
- Time taken
- Depends on the discussion and how long the court takes
- Fees
- Quoted per case
Illustrative case
RecoveryEnforcement
Spouse is behind on maintenance: applying for recovery and enforcement
- How the application was made
- First gather records of the arrears, then learn the options for recovering them
- Time taken
- Depends on how long the court takes
- Fees
- Quoted per case
Illustrative case
Two years’ separationProof of separation
Spouse will not agree to divorce: apply on the ground of two years’ separation
- How the application was made
- Petition by one spouse (two years’ separation)
- Time taken
- Depends on the court timetable and how long the decree takes
- Fees
- Quoted per case
Illustrative case
AccessSchedule
Living apart, and arguing over access times every day
- How the application was made
- After discussion, write it as a schedule and sign it into the agreement
- Time taken
- Depends on how long the discussion between you takes
- Fees
- Quoted per case
Illustrative case
Under one roofSeparation date
Unable to move out: separating under one roof
- How the application was made
- Sign a separation agreement while still living in the same home
- Time taken
- Depends on the terms of the agreement and discussion time
- Fees
- Quoted per case
Illustrative case
Joint accountAssets
Deal with the joint account before you move out
- How the application was made
- The separation agreement sets out the accounts and financial arrangements
- Time taken
- Depends on the terms of the agreement and discussion time
- Fees
- Quoted per case
Illustrative case
Pre-marriage propertyContribution split
Bought the flat before marriage, paying the mortgage together after
- How the application was made
- The agreement records the pre-marriage and post-marriage contributions separately
- Time taken
- Depends on drafting and signing time
- Fees
- Quoted per case
Illustrative case
Family businessCompany shares
A family business, and parents want things made clear before the wedding
- How the application was made
- The agreement sets out the shares and how any increase in value is treated
- Time taken
- Depends on drafting and signing time
- Fees
- Quoted per case
Illustrative case
InheritanceEstate
Property left by parents, and you want to keep it separate
- How the application was made
- The agreement states that any future inheritance belongs to the individual
- Time taken
- Depends on drafting and signing time
- Fees
- Quoted per case
Illustrative case
Wedding coming soonConfirm after the wedding
Only two weeks to the wedding: is there still time?
- How the application was made
- Sign the key points first, confirm after the wedding
- Time taken
- Depends on drafting and signing time
- Fees
- Quoted per case
Illustrative case
Certified copy of marriage certificatePrepare in parallel
Preparing for divorce, then finding the marriage certificate is missing
- How the application was made
- Apply for a certified copy while preparing the divorce documents in parallel
- Time taken
- A certified copy generally takes 7 working days
- Fees
- Quoted per case
Illustrative case
Mainland marriageReplacing a marriage certificate
Married on the Mainland, and the marriage certificate is lost
- How the application was made
- First replace the Mainland marriage certificate, then prepare the Hong Kong divorce documents
- Time taken
- Depends on how long replacement takes on the Mainland
- Fees
- Quoted per case
Illustrative case
Overseas applicationSpouse visa
Living in the UK and needing to apply for a spouse visa
- How the application was made
- Overseas application by post
- Time taken
- Depends on local requirements and postage time
- Fees
- Quoted per case
Illustrative case
Third-party applicationLate parents
My parents have passed away and I need to look up their marriage records
- How the application was made
- Third-party application, with supporting documents explaining the purpose
- Time taken
- A certified copy generally takes 7 working days
- Fees
- Quoted per case
There are no cases in this category yet.
More cases are being prepared.
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