Agreements and certificates · Divorce agreement

Divorce agreement

Once you have agreed, put it in writing clearly.

Children, maintenance, property, savings: we write every point you have already agreed into a clear agreement, then take it to the court to be made a “consent order”. Once it is a consent order, if the other party does not follow it, you can apply to the court to enforce it.

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What the agreement covers

The six parts of a divorce agreement

Every couple’s situation differs, but a clear divorce agreement usually covers the six parts below. If there are no children or property, the relevant parts can be skipped.

  1. 01 Part 1 / 6

    Care of and access to the children

    What to write

    Who the children live with; who makes major decisions such as education and medical care; how access and hand-overs work on weekdays, weekends and holidays.

    Most often left out

    Only “reasonable access” is stated. Who decides what is “reasonable”? Any disagreement means going back to court.

    How custody is arranged
  2. 02 Part 2 / 6

    Child maintenance

    What to write

    The monthly amount, the payment date, how long it is paid, and who pays large expenses such as school fees, tutoring and medical costs.

    Most often left out

    Writing only the monthly amount, without saying how long it is paid or how large expenses are shared.

  3. 03 Part 3 / 6

    Spousal maintenance

    What to write

    Whether it is paid monthly or as a lump sum, until when, and whether it can be adjusted later.

    Most often left out

    A lump sum is paid, but the agreement does not say that neither side will claim again.

    How maintenance is calculated
  4. 04 Part 4 / 6

    Property and mortgage

    What to write

    Whether the property is sold, transferred to one side, or one side buys out the other’s share; who pays the mortgage; and by when it must be completed.

    Most often left out

    Stating the transfer but not what happens if the bank refuses the remortgage.

  5. 05 Part 5 / 6

    Savings, investments, Mandatory Provident Fund (MPF) and debts

    What to write

    State account by account who keeps what and how it is divided, and who repays credit cards and loans.

    Most often left out

    Assuming the MPF does not need to be written in. It is often one of the family’s largest assets, and if it is not spelled out, disputes arise easily later.

  6. 06 Part 6 / 6

    Sign, then court approval

    What to write

    Both sides confirm they have fully disclosed their assets to each other, and agree to put the agreement before the court to be made a “consent order”.

    Most often left out

    Assuming that once both have signed, it is done. Even when signed, the court is not bound by the agreement; only a consent order can be enforced.

Both signing is the first step; only court approval makes it enforceable.

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

One flat fee, with the same dedicated consultant from drawing up the list to the court granting the consent order.

  • List the parts the agreement should cover for your situation
  • Draft the agreement, in Chinese or English
  • Both of you go through it clause by clause, revising until you are satisfied
  • Organise information on property and income
  • Documents for the children’s arrangements
  • Apply to the court for a consent order, handled together with the divorce application
  • Guidance on documents for transferring property and mortgage
  • Unlimited phone enquiries (Cantonese / Mandarin / English)

Court fees, property valuation, stamp duty and other actual costs are charged separately, and listed before you engage us.

How it is written

The five most common drafting mistakes

One vague word can become a lawsuit later. On the left is the common wording; on the right is how we would write it.

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Access

Usual wording

“The father may have reasonable access to the children.”

How we would write it

“The father has the children to stay every other weekend, from 10 am on Saturday to 6 pm on Sunday; school holidays are divided equally between the two sides.”

Why Setting out the days and times means you do not have to negotiate and argue each time.

Line illustration: a key not yet in the lock of a house door

Mortgage

Usual wording

“The property belongs to the wife.”

How we would write it

“The property belongs to the wife. The wife must transfer the mortgage into her own name within six months; if the bank does not approve, the property must be sold and the balance after the mortgage is divided equally.”

Why The court cannot order a bank to approve a mortgage. If the bank refuses, the husband remains the borrower.

Line illustration: a calendar with a date circled, and coins beside it

Maintenance

Usual wording

“The husband pays child maintenance of HK$8,000 per month.”

How we would write it

“The husband pays child maintenance of HK$8,000 by the 1st of each month, until the child turns 18 or finishes full-time education, whichever is later.”

Why With no payment date and no end date, late or stopped payments are hard to pursue.

Line illustration: a coin on an open passbook

MPF

Usual wording

(The agreement does not mention MPF)

How we would write it

“Each party keeps the MPF in their own name, which has been taken into account in dividing the other assets.”

Why If it is not written, either side can later say it was never taken into account.

Line illustration: a sheet of paper tucked away in a pile of documents

Disclosure

Usual wording

“Both parties agree to the above arrangements.”

How we would write it

“Both parties confirm that they have fully disclosed to each other all assets and debts listed in the schedule, and agree to the above arrangements.”

Why If one side later discovers the other hid assets, the agreement can be set aside. Disclose first, and the agreement stands firm.

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A dedicated consultant smiling, holding a folder
Not everything agreed?

Still some disagreements,you can still come to us

Not every couple has agreed on everything. Choose the situation closest to yours:

Everything agreed

What to do

We write your points of agreement into an agreement and, together with the divorce application, apply to the court for a consent order.

What to prepare

Both parties’ identity documents, marriage certificate, and information on assets and income.

Things to note

The court still looks at whether the arrangements are reasonable, especially those for the children.

One or two items left

What to do

We first write down what you have agreed, then list the open items and common approaches, so you have concrete proposals to discuss. Where needed, we can suggest family mediation.

What to prepare

The one or two things each of you cares about most.

Things to note

What is said in family mediation is confidential. If you cannot reach agreement, it does not affect your later application.

Far apart

What to do

The agreed parts are written down first; the rest is decided by the court based on both parties’ financial information.

What to prepare

The court will require both parties to disclose full financial information.

Things to note

Leaving it to the court takes longer, and fees are quoted case by case.

  • The same dedicated consultantThe same person from the first conversation to court approval.
  • Chinese or EnglishDrafted in the language you both prefer.
  • Each takes independent legal adviceWe recommend that each of you takes independent legal advice, so that the agreement stands on firmer ground later.
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How it works

Five steps to a divorce agreement

From the first conversation to court approval, what happens at each step, explained up front.

  1. Line illustration: a blank sheet of paper and a paper clip
    Step 1

    Free initial consultation

    30 minutes to understand what you have already agreed and what is still open.

  2. Line illustration: a hand writing a list on paper
    Step 2

    List the shares and hand over the information

    We list the parts to be written for your situation, and both of you hand over information on assets, income and the children.

  3. Line illustration: a draft with the clauses to be changed circled
    Step 3

    Drafting and revising

    We draft a first version; you both go through it clause by clause, revising until both of you are satisfied.

  4. Line illustration: two signatures on a document
    Step 4

    Sign, then take it to court

    Once both sides have signed, submit the agreement with the required documents to the court, applying for it to be made a consent order.

  5. Line illustration: a hand pressing a stamp onto a document
    Step 5

    Court approval, then enforcement

    After the court grants the consent order, matters such as transferring the property and paying maintenance are carried out as agreed.

Agreements & certificates

Four kinds of agreement,used at different times

The names are similar but the uses differ. See which one you need now.

  • 01Prenuptial agreement
  • 02Postnuptial agreement
  • 03Separation agreement
  • 04Divorce agreement
02

Postnuptial agreement

Line illustration: an envelope with a wax seal

During marriage

Postnuptial agreement

When circumstances change after marriage, such as buying a home or receiving an inheritance, you agree the property arrangements afresh.

Ask about postnuptial agreements
03

Separation agreement

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When separating

Separation agreement

How the children, living costs and housing are arranged while you live apart.

Ask about separation agreements
04

Divorce agreement

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On divorce You are here

Divorce agreement

Set out the final arrangements clearly and take them to the court to be made a consent order.

See the six parts to write

Other documents:Replacement marriage certificateCopy of the divorce certificate

Common situations

Four of the situations we meet most often.

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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
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    020+clients served
  • Line drawing for languages: Cantonese, Mandarin, English
    030typesLanguages: Cantonese, Mandarin, English
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    040hoursto reply, usually the same day
FAQ

Divorce agreement FAQ

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.

  • It generally has six parts: care of and access to the children; child maintenance; spousal maintenance; property and mortgage; savings, investments, MPF and debts; and signing and court approval. If there are no children or property, the relevant parts can be left out.

  • You can use one for reference, but many online templates are in the Mainland format, with terms such as “marital community property” and “marriage registration authority”, which do not apply in Hong Kong. A Hong Kong agreement has to be made a consent order by the court, so the wording must be clear and specific.

  • Either one. It is drafted in the language you both prefer.

  • You already have an agreement between yourselves, but the court is not bound by it. Only when the court makes it a consent order does it become a court order, which you can apply to enforce if the other party does not comply.

  • A signed agreement is still important evidence. The court considers the content of the agreement, whether both sides clearly understood it when signing, and whether there was full disclosure, before deciding.

  • Periodic maintenance can be varied by applying to the court when circumstances change significantly. Division of property is generally one-off and very hard to change later, so think carefully before signing.

  • Yes, but the bank must agree to transfer the mortgage to that party. The agreement should set a fallback plan for when the bank refuses, such as selling the property.

  • Stamp duty on a transfer of property between spouses under a court order is treated differently from an ordinary sale. We point this out when drafting.

  • MPF generally cannot be transferred directly to the other party’s account, but it is counted among both parties’ assets and balanced out when the other assets are divided.

  • You can set out the arrangements you both agree, but the court still treats the children’s best interests as the first consideration.

  • It can be discussed, but child maintenance is the child’s right, and the court can still make an order later according to the child’s needs.

  • Once the agreement has become a consent order, you can apply to the court to enforce it or change the arrangements. First keep records, such as messages and dates.

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