- A rushed divorce can lead to an unfair division of assets or unfavourable custody arrangements.
- Not collecting the necessary financial and legal documents makes the divorce more complicated and slower.
- The court will not favour one spouse because of the other’s conduct (such as an affair), and fighting blindly in court raises both sides’ solicitors’ fees.
- If there is not much property, shared parenting is workable and your spouse is more likely to accept it. We suggest considering divorce mediation, which can save a great deal in solicitors’ fees.
Divorce can be an overwhelming, complicated process, with hard decisions about dividing assets, custody arrangements and other important matters.
Many people make common divorce mistakes that can have lasting negative effects. Below are the mistakes to avoid during the divorce process and common divorce questions.
Rushing, and not gathering important documents
Rushing the divorce can lead to poor results, such as an unfair division of assets or unfavourable custody arrangements.
Divorce can drain you emotionally and financially, and it is understandable that you want to speed things up.
But it is important to take time to think through every aspect of the divorce, and to work with your solicitor to negotiate favourable terms.
Not gathering important documents
In the divorce process, it is very important to collect all the necessary financial and legal documents, including:
- Tax returns
- Bank statements
- Proof of property ownership
- Any other documents about assets or debts
Please note
- Not collecting these documents makes the divorce more complicated and slower, and can even lead to an unfair settlement.
Not sure which important documents to collect?
Feel free to check your situation with us.
Letting emotion rule, and more divorce know-how
In a legal process, letting emotion rule and cloud your judgement leads to poor results.
Divorce can be a highly emotional process. It is important to acknowledge and deal with your feelings.
You need to keep your emotions apart from your legal decisions, and work with your solicitor to negotiate fair and reasonable terms.
More divorce tips:
- Decree nisi and decree absolute in Hong Kong
- Hong Kong divorce agreements, petitions and joint applications explained
- How to support a friend going through divorce in Hong Kong
Legal mistakes
Divorce is a complicated legal process, and it is very important to get legal advice from an experienced divorce solicitor.
Not getting legal advice
- Your solicitor can guide and support you throughout, and help you negotiate favourable terms.
- Without legal advice, you may end up with an unfair settlement or other bad outcomes.
Using your solicitor properly
- Don’t treat a divorce solicitor as a counsellor or a financial analyst. Their fees are high and they lack that expertise.
- If you need counselling or career planning, we suggest finding other professionals, to avoid wasting money and time.
Hiring a solicitor who is poor at settling
Hiring a solicitor who is poor at settling is a mistake, because most divorce cases are decided by the law, and the court will not favour one spouse because of the other’s conduct (such as an affair).
Fighting blindly in court raises both sides’ solicitors’ fees. A combative solicitor who is poor at settling may also stop a case that could have settled from doing so, and make it take longer.
More articles about divorce solicitors:
- Why are divorce lawyers expensive?
- Becoming a solicitor in Hong Kong: entry requirements, income and the work
Worried about making a legal mistake?
If in doubt, feel free to contact our dedicated consultants.
Financial mistakes
After divorce, the financial burden of two households goes up, but income does not change.
Without careful planning, a settlement agreement can affect other family members, such as a current spouse and children.
Good financial planning helps you move smoothly through the divorce, make the best of your separate finances and plan your future sensibly.
More articles on marriage:
- Is divorce or separation better? The pros and cons of each
- Common reasons and grounds for divorce in Hong Kong
- How social media and technology can become a catalyst for divorce in Hong Kong
- Signs of a failing marriage in Hong Kong: the effects of emotional neglect and the right time to divorce
Being emotionally attached to property
- It is a mistake to refuse to sell property because of emotional ties, for example the matrimonial home, a pension, or artworks bought during the marriage.
- Holding on to property out of sentiment can leave you in a worse financial position after the divorce.
- For example, a woman may refuse to sell the house, but the return is low and the costs are high, so think carefully.
Not considering divorce mediation
If there is not much property, shared parenting is workable and your spouse is more likely to accept it. We suggest considering divorce mediation.
Mediation can save a great deal in solicitors’ fees, reduce emotional stress and give both sides more flexibility.
Please note
- If one spouse hides assets or cannot consider the other’s needs, mediation may fail.
- So you need to know all your own assets and consider the other side’s needs, in order to reach a fair settlement.
- Does marriage counselling in Hong Kong help?
- Benefits of family mediation for Hong Kong families
- Marriage counselling organisations in Hong Kong: an introduction, marriage counselling hotlines and fees
- Domestic violence in Hong Kong: definition, effects and where to get help
Ignoring tax effects
Divorce can have major tax effects, and ignoring them can lead to financial problems after the divorce.
During the divorce, it is important to consult a financial adviser and/or tax specialist, to understand the tax effects of different settlement options and make an informed decision.
- How to secure the best maintenance after divorce
- Does the wife always get half of the assets in a divorce?
- What happens to the property and mortgage after divorce
- Housing arrangements for public rental flats after divorce
No plan for life after divorce
Divorce will have a major effect on your life, so it is important to make a plan for life afterwards.
Having no plan for life after divorce
- A plan covers the financial, emotional and practical sides of life after divorce, such as housing, childcare and career plans.
- Without a plan, you face extra stress and uncertainty after the divorce.
Ignoring the child’s best interests
Divorce is especially hard on children, so it is important to put their wellbeing first throughout.
That means considering custody and access arrangements that are in the child’s best interests, rather than focusing only on your own needs or wishes.
It is just as important to talk openly with your child about the divorce, and to give them emotional support throughout.
In short, divorce can be a challenging and complicated process.
By avoiding common mistakes and working with an experienced divorce solicitor, you can reach a fair and just outcome.
Take time to think through every aspect of the divorce, get legal and financial advice, and put your own and your children’s wellbeing first throughout.
- Advice on preparing before a divorce
- What women should think about and prepare before divorcing
- Rebuilding your life after divorce: how to look after yourself and start again
- How divorce affects children in Hong Kong, and ways to support them
- Helping children adjust to a new family after divorce, so that children in a remarried, blended family grow up well
Still no plan for life after divorce?
Get in touch, and a dedicated consultant will first understand your situation.
