Cross-border divorce · Married on the Mainland, divorced in Hong Kong

Cross-border procedureMarried on the Mainland? You can still finish it in Hong Kong

Married on the Mainland, your spouse still there, or contact lost: if the Hong Kong court can accept your case, you can still apply for divorce in Hong Kong. We check the conditions, organise the documents from both places, arrange service and deal with property and arrangements for the children in both places.

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Married on the Mainland: can you divorce in Hong Kong?

When the Hong Kong court can accept your case

“Married on the Mainland?You can still divorce in Hong Kong.”

As long as you or your spousemeet any one of these:

  • 01

    Domiciled in Hong Kong

    You or your spouse treat Hong Kong as your permanent home, even if you are on the Mainland now.

  • 02

    Ordinarily resident in Hong Kong for three years

    You or your spouse have had Hong Kong as your usual home throughout the three years before applying.

  • 03

    A substantial connection with Hong Kong

    The court decides case by case, for example if you live, work or own property 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.

Want to know if you qualify?

Common cross-border situations

Cross-border divorce:five common situations

Every family is different. These five are the most common; see which one is closest to yours.

  1. 01 1 / 5

    Your spouse went back to the Mainland and lost contact

    You can still divorce if your spouse cannot be found.

    First make every effort to find your spouse and keep records. Then ask the court for substituted service (a court-approved alternative way of delivering the papers) or to dispense with service. If you meet the conditions for the court to accept your case, a spouse who does not respond cannot stop your application.

    • Substituted service
    • Dispensing with service
    • Affidavit
    How service works
  2. 02 2 / 5

    Your spouse does not agree to the divorce

    Four grounds do not need your spouse’s consent.

    Adultery, unreasonable behaviour, desertion for one year or separation for two years can each be used by one spouse alone. Only the ground of “separation for one year” needs your spouse’s consent.

    • Application by one spouse
    • Two years’ separation
    • Unreasonable behaviour
    The five grounds for divorce
  3. 03 3 / 5

    Marriage certificate lost

    Missing papers can be dealt with.

    First ask the Mainland marriage registration office that registered your marriage, and apply for a replacement marriage certificate with proof of identity. The office will reissue it once it has verified the record. If you still cannot get one, you can ask the court to excuse you from producing proof of marriage.

    • Marriage certificate
    • Certified copy
    • Application for exemption
  4. 04 4 / 5

    Property or savings on the Mainland

    The Hong Kong court takes them into account too.

    When the Hong Kong court divides property, it counts all assets in either spouse’s name, including Mainland property and savings. It starts from an equal division and adjusts to the needs of the case.

    • Mainland property
    • Equal division
    • Disclosure of assets
    Property and maintenance
  5. 05 5 / 5

    Married in Hong Kong, but want to divorce on the Mainland

    The Mainland does not accept divorce by agreement.

    For a marriage registered in Hong Kong, a Mainland marriage registration office will not accept a divorce by agreement. You can only bring a case in a Mainland court, or apply in Hong Kong. A joint application in Hong Kong is often the most direct route.

    • Hong Kong registration
    • Mainland lawsuit
    • Apply in Hong Kong

Want to know which one is yours?

Fees at a glance

Fees, explained in one go.

500+ clients servedReply within three hours

Every case starts with a free 30-minute first consultation, with no commitment. All fees are listed before you engage us. There are no hidden costs.

From

HK$2,500

A one-off fee, from the first conversation until the Certificate of Decree Absolute is in your hands, with the same dedicated consultant throughout.

  • Check that the Hong Kong court can accept your case, and which ground applies
  • Verify the Mainland marriage certificate, and arrange translation and notarisation if needed
  • Draft the petition or joint application
  • Arrange service on a spouse who is on the Mainland
  • Spouse cannot be reached: application for substituted service or to dispense with service
  • Assessment of property in both places, Mainland property and maintenance
  • Guidance on the documents for applying for recognition on the Mainland once you have the order
  • Unlimited phone enquiries (Cantonese / Mandarin / English)

Court fees, notarisation, service by request and other actual costs are paid separately, and are listed before you engage us.

“One marriage,two sets of rules.”

Hong Kong and the Mainland compared

Cross-border divorce:Five differences between the two legal systems

The rules of the place where you divorce are the ones that apply. Select an item to compare the two side by side.

Line drawing: two stacks of documents on either side of a pair of scales

Assets

In neither place does property simply go to whoever’s name is on it.

Hong Kong

There is no community of property. On divorce, the court considers both spouses’ assets together. It starts from an equal division and adjusts as needed.

Cap. 192
Mainland

Wages, investment income and the like earned during the marriage are generally community property and are divided on divorce.

Civil Code, Article 1062
Line drawing: a key split in two

Property

Mainland property counts too.

Hong Kong

Whoever the property is registered to, the court can order it to be transferred or sold.

Cap. 192
Mainland

Property bought after the marriage is generally community property, whoever’s name is on the property certificate.

Civil Code, Article 1062

To enforce a Hong Kong order to transfer or sell property on the Mainland, you must apply separately to a Mainland court. It does not take effect automatically.

Line drawing: a monthly envelope handed to another hand

Spousal maintenance

Where you divorce matters especially here.

Hong Kong

The court can order one spouse to pay the other maintenance, either periodically or as a lump sum.

Cap. 192
Mainland

There is no continuing spousal maintenance after divorce. A spouse in financial difficulty may receive appropriate financial help from the other.

Civil Code, Article 1090
How maintenance is worked out
Line drawing: a bill with two places to sign

Debts

First work out whether it is a joint debt.

Hong Kong

There is no system of joint marital debt. One spouse’s personal debt generally does not have to be borne by the other.

Hong Kong law
Mainland

Debts signed for by both spouses, or taken on for ordinary family living, are joint debts.

Civil Code, Article 1064
Line drawing: a father and mother each holding one of a child’s hands

Children

Both places put the children first.

Hong Kong

The child’s best interests come first. There is no fixed rule by age.

Cap. 13, section 3
Mainland

A child under two is, in principle, raised directly by the mother. A child aged eight or over has their genuine wishes respected.

Civil Code, Article 1084
How custody is decided
1 / 5
A dedicated consultant sitting opposite a client who holds a Mainland marriage certificate
Serving the papers

If your spouse is on the Mainland,how are the papers served?

A Hong Kong divorce application must be formally served on your spouse. If your spouse is on the Mainland, does not respond or cannot even be found, there is a way to deal with each.

Spouse is cooperating

What to do

Your spouse signs an acknowledgement of service, or applies jointly with you.

What to prepare

Your spouse’s address and contact details on the Mainland, and the marriage certificate.

Things to note

A joint application requires that you have been separated for one year, or that one spouse gave the other notice of intention to divorce at least a year ago.

Spouse is not responding

What to do

Service goes through the Hong Kong High Court, which asks the Higher People’s Court on the Mainland to serve the papers formally.

What to prepare

Your spouse’s full address on the Mainland, and a Chinese version of the documents.

Things to note

Service by request takes longer, so start early. The two places signed a new service arrangement in April 2026, but it is not yet in force. Service still follows the 1999 arrangement.

Spouse cannot be found

What to do

Ask the court for substituted service, for example by post to the last known address, or apply to dispense with service.

What to prepare

Records of your efforts to find your spouse: the last address, phone number and enquiries with relatives and friends.

Things to note

You must state in an affidavit that you have made every effort to find them.

  • You can proceed even if your spouse is not in Hong KongOnly one of you needs to meet the conditions for the court to accept your case.
  • You can apply even if your spouse does not agreeFour of the grounds do not need your spouse’s consent.
  • A dedicated consultant follows your caseYou are told about every step of service.
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Want to understand the whole Hong Kong divorce process? Divorce procedure

Application process

Cross-border divorce:Five steps

From the first conversation to the decree, we explain what happens at each step before it starts.

  1. Line drawing: a dedicated consultant talking with a client
    Step 1

    Free initial assessment

    30 minutes to confirm whether the Hong Kong court can accept your case, which ground to use, and whether to apply alone or jointly.

  2. Line drawing: documents from two places gathered into one pile
    Step 2

    Organising documents from both places

    Marriage certificate, proof of identity, your children’s birth certificates and asset details from both places. If translation or notarisation is needed, we arrange that too.

  3. Line drawing: documents sent to the Mainland
    Step 3

    Filing and service

    Submit the petition or joint application, then arrange service according to your spouse’s situation.

  4. Line drawing: a court document being stamped
    Step 4

    Decree nisi

    An uncontested case goes through the Special Procedure and generally needs no attendance in court.

  5. Line drawing: a decree certificate used in both places
    Step 5

    Decree absolute, effective in both places

    Apply for the decree absolute 6 weeks after the decree nisi is granted. If you need to use it on the Mainland, apply for recognition next.

After you have the decree

Your divorce decreetakes effect in both places

Since 15 February 2022, Hong Kong and the Mainland have recognised each other’s judgments in matrimonial and family cases. Once you have the decree, there is one last step.

Line drawing: a bridge between two banks with a document on it

Hong Kong→Mainland

  1. Obtain the Hong Kong divorce decree.
  2. Apply for recognition to the Intermediate People’s Court with jurisdiction on the Mainland.
  3. Once recognised, you can handle remarriage, updating marital status and similar matters on the Mainland.

Mainland→Hong Kong

  1. You hold a Mainland court divorce judgment, or a divorce certificate issued on or after 15 February 2022.
  2. Apply for recognition in the District Court (Family Court). For a divorce certificate, attach a notarised copy.
  3. Orders about children and maintenance can be registered for enforcement, generally within two years after the judgment takes effect.
  • Get recognition first, then think about remarryingDo not plan a remarriage until the decree has been recognised in the other place.
  • Prepare notarised documents earlyA copy of the divorce certificate must be notarised, so the earlier you start the better.
  • Mind the two-year limitRegistration of orders on children and maintenance generally has to be applied for within two years.
Common situations

Four of the situations we meet most often.

1 / 4
Sun Mood in numbers

Divorce procedure, by the numbers.Every number is a family that went the whole way.

  • Line illustration of years of divorce experience
    010+years of divorce experience
  • Line illustration of clients served
    020+clients served
  • Line drawing for languages: Cantonese, Mandarin, English
    030typesLanguages: Cantonese, Mandarin, English
  • Line illustration of a reply within hours, usually the same day
    040hoursto reply, usually the same day
FAQ

Cross-border divorce FAQ:Know the basics before you start.

Sun Mood dedicated consultant
Not sure where to start?

Every case begins with a no-pressure conversation. We listen to your situation, answer in plain language and help you decide your next step.

  • Yes. A marriage lawfully registered on the Mainland is generally recognised as valid in Hong Kong. The Hong Kong court can accept your case if you or your spouse is domiciled in Hong Kong, has lived in Hong Kong for the three continuous years before applying, or has a substantial connection with Hong Kong.

  • Generally no. Hong Kong law requires that you have been married for one year before you can apply for divorce. Only in cases of exceptional hardship, or exceptionally bad behaviour by your spouse, can you ask the court for permission to apply earlier.

  • You can apply on your own. Adultery, unreasonable behaviour, desertion for one year and separation for two years do not need your spouse’s consent. Only the ground of “separation for one year” does.

  • Yes. First ask the Mainland marriage registration office that registered your marriage, and apply for a replacement marriage certificate with proof of identity. The office will reissue it once it has verified the record. If you still cannot get one, you can ask the court to excuse you from producing proof of marriage.

  • First make every effort to find them and keep records, such as the last address, phone number and the results of enquiries with relatives and friends. Then ask the court for substituted service, or to dispense with service.

  • Uncontested cases go through the Special Procedure, and you generally do not need to attend in person. If contested property or arrangements for the children are involved, it depends on the case.

  • The Hong Kong court considers all the assets in both spouses’ names, including Mainland property. It starts from an equal division and adjusts to the needs of the case. Enforcing an order on the Mainland follows a separate procedure.

  • Yes. The Hong Kong court can order one spouse to pay maintenance to the other spouse and the children. Mainland law has no continuing spousal maintenance after divorce, only financial help for a spouse in difficulty.

  • It depends on the nature of the debt and which place’s law applies. Under Mainland law, debts signed for by both spouses or taken on for ordinary family living are joint debts. Hong Kong has no joint-debt system. At the initial consultation, we analyse your situation.

  • You can apply for recognition to the Intermediate People’s Court that has jurisdiction on the Mainland. Once it is recognised, you can handle remarriage and other formalities on the Mainland.

  • A Mainland divorce certificate issued on or after 15 February 2022 can be submitted for recognition to the District Court (Family Court), with a notarised copy of the certificate.

  • By law, the decree absolute can be applied for only 6 weeks after the decree nisi is granted. The overall time depends on how long service on the Mainland takes, whether both spouses agree and the court timetable. At the initial consultation, we estimate it for your situation.

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