Key points
This case in 30 seconds
- Situation
- The client has always lived and worked in Hong Kong, and her spouse, whom she married on the Mainland, has stayed there.
- Approach
- Brought in Hong Kong by sole petition, with service arranged on the spouse on the Mainland.
- Result
- Dealt with under the Special Procedure, with neither spouse needing to attend court. It took slightly longer than a typical case.
Three things that made the case go smoothly
- The client has always lived and worked in Hong Kong, so the Hong Kong court could accept the case.
- Her spouse stayed on the Mainland after the marriage and could not come to Hong Kong in person.
- Her spouse was willing to cooperate, signing the acknowledgement of service on the Mainland and posting it back.
Background
The client is a married woman who registered her marriage on the Mainland and has lived and worked in Hong Kong ever since.
Her spouse stayed on the Mainland after the marriage and could not come to Hong Kong in person.
As the marriage was ending, she wanted to divorce in Hong Kong but did not know how the procedure would go.
Her worries were mainly about the procedure itself:
- Married on the Mainland, so unsure whether the Hong Kong court would accept the case
- Her spouse is on the Mainland, so unsure whether they could apply jointly
- Worried that the papers could not be served and would slow everything down
She wanted to know how a divorce could go ahead when the marriage was on the Mainland and her spouse was there, and how much cooperation she needed from her spouse.
Once the Hong Kong court can accept the case, the first decisions are how to bring it and how to arrange service.
Why a sole petition in Hong Kong?
In this case a sole petition in Hong Kong was chosen, because her spouse stayed on the Mainland and could not come to Hong Kong in person to join a joint application.
She brought a sole petition, and service was arranged on her spouse on the Mainland.
If you registered your marriage on the Mainland and your spouse is on the Mainland, you can still apply for divorce in Hong Kong, as long as the Hong Kong court’s conditions for accepting the case are met.
Three conditions for the Hong Kong court to accept a case
The conditions include: being domiciled in Hong Kong (Hong Kong is your permanent home in law), having ordinarily lived in Hong Kong for a continuous period, or having a substantial connection with Hong Kong.
Three continuous years of ordinary residence in Hong Kong: for the full three years before applying, Hong Kong has been your usual place of residence.
Mainland marriage: why was a joint application not possible here?
If both spouses agree to apply to the court together, they fill in one joint application and deliver it to the Registry in person.
If one spouse applies alone, the petitioner fills in a divorce petition and delivers it in person to the Family Court Registry.
| Sole petition | Joint application | |
|---|---|---|
| Must both spouses be in Hong Kong at the same time? | Only the applicant needs to file in person in Hong Kong | Both spouses must deliver the application to the Hong Kong Registry in person |
| Serving your spouse | Service must be arranged on the spouse on the Mainland | No service needed |
| Attending the hearing | An uncontested case does not need attendance in person | Attendance is not needed either |
| Applying for the decree absolute | Form 5 | Form 5A |
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”.
To file a divorce petition, complete Form 2.
- File the petition with the original or a certified copy of the marriage certificate, delivered in person to the Family Court Registry, and pay the filing fee of HK$630.
Spouse on the Mainland: how is service done, and must they attend?
A sole petition requires service on the spouse on the Mainland.
If your spouse is on the Mainland and willing to cooperate, they can sign the acknowledgement of service, or join you in a joint application.
Form 4 is the acknowledgement of service. Only the case number and both names need to be filled in.
An uncontested case goes through the Special Procedure and generally needs no attendance in court. If you no longer even have your spouse’s address, see “Divorce where your spouse cannot be reached”.
Once a sole petition is chosen and the way to serve is set out, 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 falls into three stages.
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Preparation
From the first consultation
At the first consultation, the dedicated consultant first checked whether she met the Hong Kong court’s conditions, and explained how a Mainland marriage certificate is handled in a Hong Kong application.
We helped verify the Mainland marriage certificate, drafted the petition and organised both spouses’ identity and marriage details, cutting down the back and forth over missing documents later.
Court fees, notarisation and the actual cost of arranging service are paid separately and listed before you engage us.
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Service and listing
About 50 days from listing to hearing
As her spouse stayed on the Mainland, we helped arrange service and prepared the documents needed.
Where the spouse is willing to cooperate, we help them sign the acknowledgement of service on the Mainland and post it back to the court.
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.
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Decree stage
6 weeks after the decree nisi
After the court granted the decree nisi, we explained its content and limits to her.
Once the waiting period had passed, we prepared and filed the documents to make the decree nisi absolute.
6 weeks after the decree nisi is granted, you can apply for the decree absolute. To use it on the Mainland, you must also apply for recognition.
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.
With the three stages joined up, this was the outcome.
Outcome
She eventually obtained the Certificate of Decree Absolute in Hong Kong and the marriage was formally ended; it took slightly longer than a typical case.
As her spouse stayed on the Mainland, the case needed extra time to arrange service and for documents to travel. Once her spouse agreed to sign for them, the rest of the process was the same as for any sole petition.
Her spouse was willing to cooperate, signing the acknowledgement of service on the Mainland and posting it back.
She later said that what worried her most was not the documents but not knowing whether her spouse would delay replying. Fortunately her spouse was willing to cooperate, which saved a lot of time.
Throughout, the dedicated consultant told her step by step roughly how long the next step would take, so she knew where she stood and did not have to guess each day when her spouse would sign.
She said her first worry was whether the procedures on the Mainland and in Hong Kong would contradict each other, but found that if she prepared the documents step by step, the two sets of procedures joined up smoothly.
How does the procedure change if your situation is different?
The procedure in this case involved arranging service because the spouse stayed on the Mainland. If the situation is different, the procedure changes accordingly.
She also advises others in a similar position to sort out the Mainland spouse’s contact details early and to ask the dedicated consultant early, which saves a lot of waiting back and forth.
Spouse unwilling to cooperate: in this situation, other permitted methods of service must be used, and it takes 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
- Have your Mainland marriage certificate and your own identity details ready.
- Gather your spouse’s contact details and address on the Mainland.
- Ask the dedicated consultant first whether you meet the Hong Kong court’s conditions.
FAQ
Can I divorce in Hong Kong if we married on the Mainland?
If you registered your marriage on the Mainland and your spouse is on the Mainland, you can still apply for divorce in Hong Kong, as long as the Hong Kong court’s conditions for accepting the case are met.
Can I divorce if we have been married for less than a year?
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.
My spouse is on the Mainland. Can we apply jointly?
If both spouses agree to apply to the court together, they fill in one joint application and deliver it to the Registry in person.
My spouse is on the Mainland. How are the papers served?
If your spouse is on the Mainland and willing to cooperate, they can sign the acknowledgement of service, or join you in a joint application.
Form 4 is the acknowledgement of service. Only the case number and both names need to be filled in.
My spouse is on the Mainland. Do they have to come back for the hearing?
An uncontested case goes through the Special Procedure and generally needs no attendance in court.
What documents and fees do I need to file the petition?
To file a divorce petition, complete Form 2.
File the petition with the original or a certified copy of the marriage certificate, delivered in person to the Family Court Registry, and pay the filing fee of HK$630.
What happens after the decree nisi?
For a divorce petition, complete Form 5; for a joint application, complete Form 5A.
For an undefended case, the wait from listing to hearing is about 50 days.
Does the Mainland recognise a Hong Kong divorce decree?
Since 15 February 2022, Hong Kong and the Mainland have recognised each other’s judgments in matrimonial and family cases.
Obtain the Hong Kong divorce decree.
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.
