Key points
This case in 30 seconds
- Situation
- Both spouses agreed to divorce, had no children and had settled the finances themselves.
- Approach
- They applied jointly, so nothing had to be served on the other spouse.
- Result
- The certificate of decree absolute came after about seven months.
Three things that made the case go smoothly
- At the first consultation we checked the conditions for applying: married for at least one year, and a connection with Hong Kong.
- Both spouses signed the joint application together, which saved the wait for an acknowledgement of service.
- 6 weeks after the decree nisi was granted, they applied on time for the decree absolute using Form 5A.
Background
The couple in this case had been married for many years and had no children. After living apart for some time, both agreed to end the marriage and wanted to do it calmly and simply.
They had already agreed the financial arrangements between themselves, so there was nothing for the court to decide. Both lived and worked in Hong Kong, and they had kept their marriage certificate safe.
Their worries were mainly about the procedure itself:
- They did not know terms such as “petition”, “service” and “decree nisi”
- They were not sure which forms to fill in
- They also worried that a mistake in the papers would mean filing again and a longer process
They had searched online for how a mutual-consent divorce works, but different websites said different things, and it was hard to tell which applied to them.
They wanted someone to explain every step from start to finish, so they would know what to do next and roughly how long they would wait.
When both spouses agree and nothing is disputed, the first decision is which way to apply.
Why choose a joint application?
This case used a joint application because both spouses agreed to the divorce. A joint application is made by both of you together, no papers have to be served on the other spouse, and once the documents are complete you can ask for a date to be fixed.
A joint application also means you both go to the court with the same application and the same position. One of you does not have to petition while the other responds.
Joint application and sole petition: the main differences
| Joint application | Sole petition | |
|---|---|---|
| How it is filed | Both sides file together | One side files |
| Serving your spouse | Not required | The petition must be served on the spouse |
| A child under 18 | Custody and access arrangements must be put forward together | Must also be put forward together |
| Applying for the decree absolute | Form 5A | Form 5 |
For a full comparison of the two routes, see “Divorce by Mutual Consent vs a Sole Petition”. For the five stages and the documents needed, see “Divorce procedure”.
If you have lost contact with the other spouse, you must file a sole petition and apply for substituted service. See “A divorce case where the other spouse cannot be reached”.
What conditions must a joint application meet?
Like any other divorce application, a joint application generally requires that you have been married for at least one year and that one of you has a connection with Hong Kong.
In addition, according to the Judiciary’s guide How to Apply for Divorce, the spouses applying jointly must show the court one of the following:
- that you have lived apart for a continuous period of at least one year before applying
- or
- that, at least one year before applying, a consent form signed by both of you (Form 2E) was lodged with the court and has not been withdrawn since
The couple in this case had already been living apart for more than a year at the first consultation, so they met the first condition.
What documents and fees do you need to prepare?
A joint application needs:
- the joint application form (Form 2C), completed
- the original marriage certificate or a certified copy
- delivery in person to the Family Court Registry in Wan Chai
- and the filing fee of HK$630
- If there are children under 18, a statement as to the arrangements for children (Form 2D) must also be filed. This case had no children, so that document was not needed.
The Registry gives you a case number, which goes on every later document.
Once the joint application was confirmed and the documents were listed, what remained was to prepare the papers and keep track of the timing at 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.
-
Preparation
From the first consultation
At the first consultation, the dedicated consultant first checked that the couple met the conditions for applying (married for at least one year, and a connection with Hong Kong). The consultant also explained the difference between a joint application and a sole petition, and roughly how long each takes.
Once the route was settled, we drafted the joint application and put together the marriage certificate and both spouses’ details. Each spouse then checked every item separately and signed only when satisfied it was correct.
Doing this step carefully reduces the chance of having to supply missing papers or correct them after filing.
-
Filing and listing
About 50 days from listing to hearing
Once the documents were complete, we helped book the filing appointment online and went with the couple to file in person and pay the filing fee.
According to the Judiciary’s guide How to Apply for Divorce, both spouses must deliver the joint application to the Registry in person.
Because nothing has to be served on the other spouse in a joint application, the request for a hearing date can be made straight after filing.
An undefended case goes on the Special Procedure List and is dealt with by the court on paper, so the spouses generally do not need to attend. According to the Judiciary’s guide How to Apply for Divorce, the wait from asking for a date to the hearing is about 50 days.
-
Decree stage
6 weeks after the decree nisi
After the court granted the decree nisi, we explained to the couple what it says and what its limits are, and noted the 6-week waiting period.
When the waiting period was over, we prepared and filed Form 5A to apply for the decree nisi to be made absolute.
Once the Registrar issued the certificate of decree absolute, the marriage was formally ended. We also explained how to get a replacement certificate later if needed.
Throughout, the couple could phone their dedicated consultant at any time, in Cantonese, Mandarin or English.
For every letter from the court, we first explained to both spouses what it said 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, this case took about seven months. The marriage was then formally ended, and both spouses were free to marry again.
Because nothing had to be served, this case had one stage fewer than a sole petition. The actual time still depends on the court’s timetable and on whether the documents are complete, and every case is different.
Because the couple had already agreed every arrangement before the first consultation, there were no arrangements for children and no financial disputes to deal with. The dedicated consultant could also tell them roughly when each step would be finished, based on the court’s waiting times.
How does the procedure change if your situation is different?
This case was simple because both spouses agreed, there were no children and there was no financial dispute. If any one of the three is different, the procedure changes.
Children under 18: you can still apply jointly, but you must also file a statement as to the arrangements for children (Form 2D), setting out the custody and access arrangements.
According to the Judiciary’s guide How to Apply for Divorce, the court makes the decree nisi absolute only once it is satisfied with the arrangements for the children.
The other spouse does not agree to the divorce: a joint application is not possible. One spouse must file a sole petition and serve it on the other.
If you have lost contact with the other spouse, you can apply for substituted service.
Disagreement on finances: ancillary matters such as maintenance or the division of property have to be dealt with separately, and take longer.
Fees depend on how complex the case is. We confirm all fees in writing before you formally engage us.
Three things you can do first in a similar situation
- Reach agreement with the other spouse on all the arrangements first: the sooner you agree, the simpler the procedure.
- Prepare the marriage certificate and both sides’ identity documents.
- Note the 6-week waiting period after the decree nisi is granted.
FAQ
In a mutual-consent divorce, do the papers for a joint application have to be served on the other spouse?
No.
A joint application is made by both spouses together, so nothing needs to be served on the other spouse, and once the documents are complete you can ask for a hearing date.
How long do we have to be married before applying for divorce?
In general you must have been married for at least one year before you can apply. Only in cases of exceptional hardship, or exceptionally improper conduct by the other spouse, can you ask the court for permission to apply earlier.
At the first consultation, we first check whether you meet the conditions for applying.
How long does a joint application take from filing to completion?
An uncontested divorce generally takes about seven months.
According to the Judiciary’s guide How to Apply for Divorce, the wait from asking for a date to the hearing in an undefended case is about 50 days. The actual time depends on the court’s timetable and on whether the documents are complete.
What still has to be done after the decree nisi?
6 weeks after the decree nisi is granted, you must file the notice of application for the decree nisi to be made absolute (Form 5A for a joint application).
Once you have the certificate of decree absolute, the marriage is formally ended.
Do we have to go to court for a hearing on a joint application?
Generally not.
A joint application is an undefended case. It goes on the Special Procedure List and is dealt with by the court on paper, so the spouses generally do not need to attend.
What documents do we need for a joint application, and what does it cost?
You need the joint application form (Form 2C) and the original marriage certificate or a certified copy. If there are children under 18, you must also file Form 2D.
The court filing fee of HK$630 is paid when you file.
Our full divorce procedure service starts from HK$2,500, as a one-off fee.
Can we apply jointly if we have children?
Yes.
You must also file a statement as to the arrangements for children (Form 2D), setting out the custody and access arrangements. According to the Judiciary’s guide How to Apply for Divorce, the court makes the decree nisi absolute only once it is satisfied with the arrangements for the children.
What is the difference between a decree nisi and a decree absolute?
After the decree nisi is granted, you must wait 6 weeks before you can apply for it to be made absolute (Form 5A for a joint application).
Only once you have the certificate of decree absolute is the marriage formally ended and both of you free to marry again.
For the differences in detail, see “Decree absolute and decree nisi: the differences”.
Do you give legal advice or appear in court for clients?
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.
