- In Hong Kong, you must rely on one of five legal grounds to apply for divorce, including “unreasonable behaviour”, “adultery” and “desertion”.
- A divorce by agreement takes about 9 months. A dispute can mean a longer case and higher costs.
- All necessary documents must be filed in person at the Family Court Registry, together with a HK$630 filing fee.
- Custody should be decided according to the child’s age and each parent’s ability to provide care, and reasonable access time should be set.
Divorce should not be decided on impulse, and even once the divorce procedure has started, it is still possible to turn back. This article explains what you need to prepare for a divorce in Hong Kong: the items, the documents and the points to consider.
The legal grounds, types, timing and mediation for divorce
In Hong Kong, you must meet one of five legal grounds to apply for divorce:
- The other side’s “unreasonable behaviour”
- “Living apart for one year” (the other side must consent)
- “Adultery”
- “Desertion”
- “Living apart for two years” (the other side’s consent is not needed)
Please note
- Whichever ground you use, the court’s decisions on custody of the children and division of property are not affected.
The types of divorce and their timing are as follows:
| Divorce by agreement | Dispute arises | |
|---|---|---|
| Situation | Both sides agree on everything, including the children’s upkeep and the financial arrangements | Dispute over the financial arrangements or custody of the children |
| Time and cost | About 9 months, depending on the court’s schedule | The case may take longer and cost more, possibly taking years and costing a great deal |
Because divorce can bring so much uncertainty and conflict, mediation has become an effective way to resolve matters.
Many people find that taking part in mediation gives them some control over the situation and a greater sense of security, which helps narrow, or even settle, the differences between spouses.
Recommended mediators usually have plenty of experience and professional qualifications, and can be a great help in settling divorce disputes.
Not sure which legal ground applies?
Feel free to check your situation with us.
What to prepare and think about before a divorce
Before you consider divorce, you need a full understanding of every aspect of the process.
Hesitating before divorce: carry on or end it?
- If you feel undecided, it may mean you are still unsure whether you can make the best decision for yourself and your family.
- At such a time it is best not to rush. Instead, look further into the problems in the marriage and try to repair your relationship with your partner. After all, you still have some attachment to the relationship and some hope for it.
Preparing to understand the divorce process includes:
- Reading material and books for specific information on divorce in Hong Kong
- Talking to friends who have been through a divorce about their own experience
- Booking a consultation with a professional such as a financial planner to understand your finances after divorce
- Thinking about the effect of divorce on the children, whether you will need to move home, and the legal disputes that may arise
Before making a final decision to divorce, one way to repair the relationship is to try marriage counselling, either individually or as a couple.
Marriage therapy is not a quick fix. It takes a great deal of time, energy and money from both of you.
Both spouses must be willing and committed to working together to improve the relationship.
In Hong Kong, divorce by agreement is a common route. Once the couple have agreed, they can go to the relevant body to complete the divorce registration.
If agreement cannot be reached, the matter may need to be settled through court mediation or a court judgment.
Please note
- When dealing with the financial side of a divorce, such as maintenance and division of property, consider getting legal advice to make sure your rights are protected.
The divorce procedure at a glance: the basic steps
Every divorce application involves several steps and a complex legal process, and the process differs between a divorce by agreement and a divorce applied for by one side alone.
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Legal requirements and how to apply
Before applying, you need to confirm that you meet certain legal conditions, such as Hong Kong’s residence requirement and the period of separation. You can apply by bringing proceedings in court, or by taking part in a settlement process and negotiating.
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Dividing assets and debts
The couple need to negotiate how to divide their shared assets and debts. They may reach a division agreement through negotiation, or the court may need to decide.
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Settling custody of the children
Where children are involved, custody and child maintenance must be dealt with. The parents can agree between themselves, or the court decides.
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Preparing documents and court hearings
You need to prepare and file a set of documents, such as the divorce application, a property division agreement and a custody agreement for the children. In some cases you also need to attend a court hearing.
Fighting for custody of the children
- To seek custody, you need to prepare the right documents and consider the rights and best interests of the children of the marriage.
- Gathering evidence that supports your custody application is also essential.
- If there is no prospect of settlement, the custody question may have to be decided at a court hearing.
In a divorce, a specialist divorce lawyer plays a key role. A lawyer gives legal advice, assesses the case, helps clients prepare the necessary documents and represents them at hearings.
Where there is a dispute over complex property division or over custody of the children, a lawyer’s expertise matters even more.
Using private investigators in divorce cases
- In some divorce cases, hiring a private investigator to gather evidence may be necessary.
- Their work may include watching a spouse’s conduct, financial investigation and locating relevant witnesses, so that strong evidence is available in court to support the client’s position.
Whether the issue is division of property or custody of the children, it is strongly recommended that you seek the help of a professional lawyer to protect your rights.
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- Affairs, Divorce, Property and Maintenance in Hong Kong
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- What happens to the property and mortgage after divorce
- Rebuilding your life after divorce: how to look after yourself and start again
- Dating after divorce: challenges, opportunities and points to watch
- How long must you wait to remarry after divorce in Hong Kong, and what is the procedure?
Documents to prepare for a divorce
In Hong Kong, a divorce can be started by one spouse alone or by both together. The forms you must complete differ.
Applying alone: when one spouse decides to apply for divorce, the documents to prepare are:
- Form 2: Petition
- Form 3: Notice of Proceedings
- Form 4: Acknowledgement of Service (must include the case number and both spouses’ names)
- Form 2B: Statement as to the arrangements for children (if applicable)
- Family mediation certificate
Applying together: if both spouses agree to apply for divorce together, prepare these documents:
- Form 2C: Joint application
- Form 2D: Statement as to the arrangements for children (if applicable)
- Family mediation certificate
Whether you apply alone or together, all necessary documents must be filed in person at the Family Court Registry.
The Family Court Registry is at Mezzanine 2, Wanchai Government Offices, 12 Harbour Road, Wan Chai, Hong Kong.
Filing documents and fees
- The applicant must bring the original or a copy of the marriage certificate and pay a filing fee of HK$630.
If both sides agree to the divorce and there is no dispute over assets or custody of the children, you can handle the divorce yourselves without instructing a lawyer.
After you complete and file all the forms at the Family Court Registry, you pay a further HK$630 administrative fee. The case is then placed on the Special Procedure List (the court’s list for undefended divorces).
Not sure which documents you need to prepare?
Get in touch, and a dedicated consultant will first understand your situation.
What women need to prepare for divorce
A woman preparing for divorce needs to think about emotional adjustment, financial independence, financial planning, care of the children and a support network.
Please note
- Women in Hong Kong appear strong and financially independent, yet the statistics show another side: Hong Kong’s divorce rate has risen from 50% to 60%.
- This change reflects shifting attitudes towards divorce. It also suggests that stepfather and stepmother roles have become common in modern family structures.
- Women in Hong Kong facing divorce may in fact be less well prepared than outsiders imagine.
Divorce is not just a legal separation but also a major turning point emotionally.
First, let go of the fixed idea of a “complete family” and recognise that a happy family does not have to be made up of both spouses.
This takes courage to start a new life, keep a healthy distance from other people’s concern and traditional expectations, and actively imagine what your future life could be.
Why financial independence matters
- Financial independence after divorce is a crucial step. You need to assess your finances carefully, including whether you will need to move home and the cost of supporting and educating your children.
- List your expected income and expenses in detail and plan your finances sensibly, so that the divorce does not hit you too hard financially.
Money is at the heart of a divorce:
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Financial preparation
Establish clearly who owns each asset, including property, cars, bank deposits and investments, and review financial documents such as bank statements, investment portfolios and property deeds. If anything is unclear, seek professional advice from a lawyer or financial adviser.
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Make a financial plan
To protect your own and your children’s financial security, reassess your income and spending and draw up a new budget. Cover daily costs such as rent, food and utilities, and assess and plan for the children’s education and medical costs.
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Understand the legal and tax effects
Through a lawyer or financial adviser, find out what legal and tax effects divorce may have. Dividing property can have tax consequences, so know in advance how to deal with them.
Dealing with the children is the most sensitive part of divorce. Draw up a full parenting plan covering daily life, education and healthcare.
Also design fair access arrangements, so that the children’s relationship with the parent who is not the main carer stays normal after the divorce.
Build a support network
- Facing the emotional strain of divorce, actively seeking counselling or therapy can ease anxiety and mood swings and help you and your children cope better with the changes divorce brings.
- Stay in touch with family, friends and community organisations and ask them for support. Emotional support helps ease stress and brings comfort.
Keep a positive attitude and hope for the future. Divorce is difficult and full of challenges, but it is also a chance to start a new life.
- Preparing mentally for divorce, and how counselling helps mental health
- Hong Kong divorce: property title, mortgage division and points to note
What to prepare for the children when divorcing
Preparing for the children covers custody, access arrangements, child maintenance and talking with your child:
- Deciding custody: custody should be decided according to the child’s age and each parent’s ability to provide care. Whatever the outcome, staying close to your child is very important.
- Regular access arrangements: make sure the divorce does not affect your relationship with your child, and set reasonable access time so your child feels both parents’ love.
- Negotiating child maintenance: this covers the child’s living costs, education costs and more. The parents should agree together how to share child maintenance, so that the child’s quality of life is not affected by the divorce.
Talking to your children about divorce is sensitive and important.
Choose a suitable way to talk to them according to their age and understanding, and make sure they feel loved and supported throughout.
For children of different ages, parents should give suitable emotional support and help them understand that divorce does not change their parents’ love for them.
Communicating with your children
- Explain the reasons for the divorce and the process clearly to your children, to help them understand and accept the change.
- Stay calm and avoid showing too much emotion in front of the children. Where needed, seek help from a mental health professional to help the children adjust to their new life.
Divorce involves a complex legal process, so it is essential to instruct an experienced lawyer.
A lawyer will help you understand the relevant laws and procedures and prepare the legal documents, such as the marriage certificate, proof of property and proof of income, to protect your lawful rights.
With this preparation and planning, we hope you can manage the changes that divorce brings better, and lay a solid foundation for a new stage of life.
- 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
Not sure how custody of the children should be arranged?
If in doubt, feel free to contact our dedicated consultants.
Frequently asked questions about preparing for a divorce in Hong Kong
What basic documents do I need before a divorce?
You need the original or a copy of your marriage certificate, identity documents and any proof relating to the division of property.
How is custody of the children decided?
Custody is usually decided on the best interests of the child. Factors include the parents’ ability to provide care, the child’s age and the relationship between each parent and the child.
How do we set access arrangements in a divorce?
You should agree a reasonable access timetable with the other parent. If you cannot agree, the court may need to step in and set it.
How do we handle shared property during a divorce?
Both of you should list all shared property and assess the value of each item, then agree how to divide it, or leave the court to decide.
What fees do I pay to apply for a divorce?
In Hong Kong, a divorce application requires a HK$630 filing fee. You may also have to pay lawyers’ fees and other administrative fees.
How do I choose a suitable lawyer for a divorce?
Choose a solicitor with experience who specialises in family law. You can ask the Law Society for recommendations or look for well-reviewed lawyers.
How do I make sure my children’s quality of life is not affected after the divorce?
Set reasonable child maintenance arrangements, keep a stable living environment, and keep normal contact and interaction between the parents and the children.
What should a divorce agreement include?
A divorce agreement should cover custody and access arrangements for the children, division of property, child maintenance arrangements and any other terms both sides agree.
