Key points
This case in 30 seconds
- Situation
- Married in Hong Kong, they planned to return to the Mainland to divorce by agreement.
- Approach
- A joint application does not need to be served on the other party.
- Result
- From the first consultation to the Certificate of Decree Absolute took about seven months.
Three things that made the case go smoothly
- The Mainland marriage registration authority will not accept a divorce by agreement for a marriage registered in Hong Kong. Your only options are to bring a case in a Mainland court or apply in Hong Kong.
- A joint application does not need to be served on the other party.
- 6 weeks after the decree nisi is made, you can apply for it to be made absolute.
Background
The couple registered their marriage in Hong Kong and often travelled between Hong Kong and the Mainland after marriage.
They had planned to return to the Mainland and divorce by agreement as quickly as possible.
Their worries were mainly about the procedure itself:
- Travelling often between the two places, they were not sure whether they still met the conditions for a Hong Kong court to accept the case
- Married in Hong Kong, they did not know whether the Mainland accepts divorce by agreement
- Worried that switching to Hong Kong would slow the whole process
They wanted to know how to divorce in Hong Kong when the marriage was registered here, and what to prepare.
Assuming the Hong Kong court still accepts the case, the first thing to understand was why the Mainland does not accept a divorce by agreement, and how to apply in Hong Kong instead.
Why does the Mainland not accept divorce by agreement, so you need to apply in Hong Kong?
Because both agreed to divorce and could come to Hong Kong together, they asked us about doing it in Hong Kong.
The Mainland marriage registration authority will not accept a divorce by agreement for a marriage registered in Hong Kong. Your only options are to bring a case in a Mainland court or apply in Hong Kong.
A joint application in Hong Kong is often the most direct route.
Why can a marriage registered in Hong Kong not be ended by agreement on the Mainland?
As long as the conditions for the Hong Kong court to accept the case are met, you can still apply for divorce in Hong Kong.
You must also have been married for one year before you can apply. In cases of exceptional hardship, you can ask the court to allow it earlier.
What conditions must a joint application meet?
Both applicants must show the court that they have lived apart for at least one continuous year, or that they signed a consent form (Form 2E) one year earlier and have not withdrawn it.
A joint application requires the joint application form (Form 2C).
- Bring it, with the original or a certified copy of the marriage certificate, to the Family Court Registry in Wanchai in person and pay the filing fee of HK$630.
For a full comparison of the two routes, see “The difference between an agreed divorce and a sole application”. For the conditions and fees, see “Cross-border divorce”.
What is the difference between a joint application and a petition by one side?
| Joint application | Sole petition | |
|---|---|---|
| Must both spouses be in Hong Kong at the same time? | Both spouses must deliver the application to the Hong Kong Registry in person | Only the applicant needs to file in person in Hong Kong |
| Serving your spouse | No service needed | Service must be arranged on the spouse on the Mainland |
| Attending the hearing | Attendance is not needed either | An uncontested case does not need attendance in person |
| Applying for the decree absolute | Form 5A | Form 5 |
If the other party is on the Mainland and service has to be arranged, see “the Mainland-Hong Kong divorce case where the other party is on the Mainland”.
Once it is settled that you will proceed by joint application and the documents are listed, what remains is knowing the timing of each stage.
How we helped
From the first consultation to the Certificate of Decree Absolute, the same dedicated consultant follows your case. Our help comes in three stages.
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Preparation
From the first consultation
At the first consultation, the dedicated consultant first checks whether both sides meet the conditions for the Hong Kong court to accept the case, and explains how a joint application differs from a Mainland divorce by agreement.
Once it is settled to proceed by joint application, we help organise the marriage certificate and both sides’ details and draft the joint application.
Court fees, notarisation and the actual cost of arranging service are paid separately and listed before you engage us.
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Filing and listing
About 50 days from listing to hearing
When the documents are ready, both sides go to the registry together to file the joint application. A joint application does not need to be served on the other party.
Joint applications are also placed on the Special Procedure List. Neither party needs to attend the hearing, and the court grants a decree nisi, the first step towards ending the marriage.
For an undefended case, the wait from listing to hearing is about 50 days.
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Decree stage
6 weeks after the decree nisi
6 weeks after the decree nisi is made, you can apply for it to be made absolute.
For a divorce petition, complete Form 5; for a joint application, complete Form 5A.
If you later need to use it on the Mainland, you must separately apply to a Mainland court for recognition.
Throughout, if the client has questions, they can reach the dedicated consultant by phone or message, in Cantonese, Putonghua 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.
With the three stages joined up, this was the outcome.
Outcome
From the first consultation to the Certificate of Decree Absolute took about seven months.
The marriage is now formally dissolved; if you later need to use this on the Mainland, you must separately apply to a Mainland court for recognition.
A joint application does not need to be served, so once the documents are ready you can apply to be listed.
The dedicated consultant follows up throughout by phone or message, so the clients know roughly how long the next step will take.
How does the procedure change if your situation is different?
This case was straightforward because both agreed to divorce and could come to Hong Kong together. If your situation is different, the procedure will change too.
One side is unwilling to come: in that case another route must be used, and it will take longer.
Using the decree on the Mainland later: since 15 February 2022, Hong Kong and the Mainland have recognised each other’s judgments in matrimonial and family cases.
Property or other assets on the Mainland: these arrangements are handled separately, and fees are assessed by the complexity of the case.
Three things you can do first in a similar situation
- Prepare the Hong Kong marriage certificate and both sides’ identity documents.
- Confirm that both sides can come to Hong Kong together to make the joint application.
- First ask the dedicated consultant whether you still meet the conditions for the Hong Kong court to accept the case.
FAQ
If you married in Hong Kong, can you divorce by agreement on the Mainland?
The Mainland marriage registration authority will not accept a divorce by agreement for a marriage registered in Hong Kong. Your only options are to bring a case in a Mainland court or apply in Hong Kong.
A joint application in Hong Kong is often the most direct route.
If your marriage was registered in Hong Kong, can you still apply for divorce in Hong Kong?
As long as the conditions for the Hong Kong court to accept the case are met, you can still apply for divorce in Hong Kong.
You must also have been married for one year before you can apply. In cases of exceptional hardship, you can ask the court to allow it earlier.
Why did this case choose a joint application rather than a petition by one side?
Both agreed to divorce and could come to Hong Kong together, so a joint application was used.
A joint application does not need to be served on the other party.
What conditions must a joint application meet?
Both applicants must show the court that they have lived apart for at least one continuous year, or that they signed a consent form (Form 2E) one year earlier and have not withdrawn it.
What documents and fees does a joint application need?
A joint application requires the joint application form (Form 2C).
Bring it, with the original or a certified copy of the marriage certificate, to the Family Court Registry in Wanchai in person and pay the filing fee of HK$630.
Do you need to attend a hearing for a joint application?
An uncontested case goes through the Special Procedure and generally needs no attendance in court.
A joint application is also placed on the Special Procedure List.
What happens after the decree nisi?
6 weeks after the decree nisi is made, you can apply for it to be made absolute.
For a divorce petition, complete Form 5; for a joint application, complete Form 5A.
Does the Mainland recognise a divorce decree obtained in Hong Kong?
Since 15 February 2022, Hong Kong and the Mainland have recognised each other’s judgments in matrimonial and family cases.
Apply for recognition to the Intermediate People’s Court with jurisdiction on the Mainland.
Once recognised, you can handle remarriage, updating marital status and similar matters on the Mainland.
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.
