Key points
This case in 30 seconds
- Situation
- The two found a template online and signed the agreement themselves. The other side later disagreed with it, and our client worried whether it was in force.
- Approach
- We helped our client first organise the signed agreement and related papers. We checked the agreement and reminded our client to make sure the wording was clear and specific.
- Result
- Once the court makes an order based on the agreement, the arrangements have legal effect. Our client follows the arrangements set out in the order and no longer needs to worry whether the agreement is in force.
Three points on self-signed agreements and applying for an order
- A signed agreement is still important evidence.
- The court considers the content of the agreement, whether both sides clearly understood it when signing, and whether there was full disclosure, before deciding.
- Only when the agreement is submitted to the court and made a consent order (a court order that records the terms you agreed) does it become a court order, which can be enforced if the other side does not comply.
Background
The two found a template online and signed the agreement themselves.
The other side later disagreed with it, and our client worried whether it was in force.
Our client was not sure whether an agreement signed without the help of a lawyer or other professional was already binding.
- Not sure whether a self-signed agreement is in force
- Not knowing what to do next
- Worried the other side will later deny the agreement
She had thought of having a lawyer draw up a new agreement, but worried the other side might not be willing to sign again.
Friends told her different things too: some said a signature is enough, others said it must go through the court, which left her more uneasy.
Before the other side denied it, she wanted to know whether the signed agreement was still of any use.
To find out, the first step was to organise the signed agreement.
Why does a signed agreement still need a court order?
A signed agreement still needs a court order because an agreement the two sides signed themselves is not necessarily binding on the other side.
Many people think an agreement is in force as soon as both have signed. In fact the two are separate matters.
Does an agreement you signed yourselves have legal effect?
An agreement exists between the two sides, but the court is not bound by it.
Only when the agreement is submitted to the court and made a consent order (a court order that records the terms you agreed) does it become a court order, which can be enforced if the other side does not comply.
| Agreement signed by yourselves | Taken to court for an order | |
|---|---|---|
| Binding on the court | The court is not bound by the agreement | Becomes a court order |
| If the other side does not comply | No court order made | You can apply for enforcement |
| What the court considers when deciding | What both sides signed themselves | The content of the agreement, whether both sides clearly understood it when signing, and whether there was full disclosure |
| As evidence | Still important evidence | An order made on the terms of the agreement |
A signed agreement is still important evidence.
The court considers the content of the agreement, whether both sides clearly understood it when signing, and whether there was full disclosure, before deciding.
Can a template downloaded online be used in Hong Kong?
Many online templates use Mainland formats, with terms such as “marital community property” and “marriage registration authority”, which do not apply in Hong Kong.
In Hong Kong, an agreement is submitted to the court to be made a consent order, and the wording must be clear and specific.
One vague word can turn into a court dispute later.
After signing, how does the agreement go to court?
The whole agreement is submitted to the court together with the application. The same dedicated consultant follows it until the order is made.
For the rest of what an agreement should cover, see “Divorce agreement”; for similar approaches, see “the property remortgage fallback plan case” or “the case of a verbal access arrangement that led to a dispute”.
Once the agreement is clearly worded, what remains is how each stage works in practice.
How we helped
From the first consultation to putting the agreement into effect, the same dedicated consultant follows your case through. Our help comes in three stages.
From organising the signed agreement to applying to the court for an order, we explain to our client beforehand what each step needs.
-
Organising the signed agreement
From the first consultation
We help our client first organise the signed agreement and related papers.
At the first consultation, the dedicated consultant looks at how the agreement was signed and what the other side says now.
With the details complete, checking has a firm basis.
-
Checking the agreement
Once everything is in order
We check the content of the agreement and remind our client to make sure the wording is clear and specific.
We explain to our client what the court looks at when it examines a signed agreement.
Clear, specific wording makes the agreement hold up.
-
Applying to the court for an order
Once checked
Once checked, we help prepare the documents needed.
We help submit them to the court and ask it to make an order based on the agreement.
With the documents ready, the court application goes more smoothly.
Throughout, the client could phone the dedicated consultant at any time, in Cantonese, Mandarin or English.
We explained every court letter first, and what needed following up.
We are a divorce consultancy. We help you organise information, prepare documents and understand the procedure. If your case needs legal advice or a representative in court, we will tell you honestly and help you make other arrangements.
Once the three stages are done, this is how the case turned out.
Outcome
Once the court makes an order based on the agreement, the arrangements have legal effect.
Our client follows the arrangements set out in the order and no longer needs to worry whether the agreement is in force.
Because the agreement had been checked, there was no vague wording to explain to the court.
Had the agreement stayed only self-signed, then if the other side denied it later, there would be no court order to enforce.
Now that the agreement is with the court, our client no longer has to guess whether the other side will deny it.
Throughout, our client did not face the other side’s disagreement alone, because the content of the agreement had been carefully checked.
She gradually understood that even though the other side had once disagreed, the signed document still had its uses.
How does the procedure change if your situation is different?
We took this approach because the two signed the agreement themselves. If your situation is different, the approach will change too.
Never signed any agreement: we can help draft the agreement and list what it needs to cover, according to your situation.
Other side does not comply: if the other side does not comply, you can apply for enforcement.
Agreement is vague: every situation differs; you can first ask the dedicated consultant how to check the wording.
Three things you can do first in a similar situation
- First check whether the content of the signed agreement is clear.
- Check whether the agreement fully discloses both sides’ assets.
- First ask the dedicated consultant how the agreement is submitted to the court for an order.
FAQ
Does an agreement signed online by yourselves have legal effect?
An agreement exists between the two sides, but the court is not bound by it.
A signed agreement is still important evidence.
The court considers the content of the agreement, whether both sides clearly understood it when signing, and whether there was full disclosure, before deciding.
If the other side disagrees after signing, does the agreement still count?
A signed agreement is still important evidence.
The court considers the content of the agreement, whether both sides clearly understood it when signing, and whether there was full disclosure, before deciding.
Can an agreement template downloaded online be used as it is?
Many online templates use Mainland formats, with terms such as “marital community property” and “marriage registration authority”, which do not apply in Hong Kong.
What kind of wording should an agreement use?
In Hong Kong, an agreement is submitted to the court to be made a consent order, and the wording must be clear and specific.
When does a signed agreement become a court order?
Only when the agreement is submitted to the court and made a consent order (a court order that records the terms you agreed) does it become a court order, which can be enforced if the other side does not comply.
After the court makes an order, what can I do if the other side does not comply?
Only when the agreement is submitted to the court and made a consent order (a court order that records the terms you agreed) does it become a court order, which can be enforced if the other side does not comply.
What effect does a vague agreement have?
One vague word can turn into a court dispute later.
Do you give legal advice or represent clients in court?
We are divorce consultants. We help you gather information, prepare documents and understand the procedure.
If your case needs legal advice or court representation, we will tell you honestly and help you make other arrangements.
Illustrative case: this page is adapted from similar cases we have handled. The people and details have been changed, and it is not a record of an identifiable client.
Every case is different, and the time taken and the result will vary. This page is general information only. It is not legal advice and is not a promise about your case.
