Divorce procedure · Hong Kong Family Court process

Divorce procedure,with a dedicated consultant beside you.

From filing to the decree absolute, we tell you up front what each step needs, how long it takes and what it costs. An uncontested divorce is generally completed in about seven months.

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You don’t have to face divorce alone. Let us walk you through every step.

What changes when you come to us.

A client thinking alone about the divorce procedure

Doing it yourself

  • Not sure which fact to rely on
  • Looking up each form online, worried about missing one or filling it in wrongly
  • Not knowing how long it will take or what it will cost
  • Every court letter is frightening
  • If your spouse does not cooperate, the process stops
A dedicated consultant and a client open a folder to discuss the divorce procedure

With a dedicated consultant

  • We assess the facts first and choose the most suitable, fastest ground
  • We draft and check the documents and book the filing
  • Timing, court fees and service fees are explained before you engage us
  • We read every letter first, then explain it in plain words
  • If your spouse does not cooperate, there are routes through substituted service and the Special Procedure
Five steps

Divorce procedure, in five steps.

Source: the Judiciary, “How to apply for a divorce”. For undefended cases, the wait from listing to hearing is 50 days; for defended cases, 110 days. Reaching agreement early puts you on the upper line.

Special Procedure List (undefended)50 days
Defended List110 days
Financial applications (one-day hearing)110–140 days
  1. Stage 1 01

    File the divorce petition or joint application

    Complete the forms and bring them, with the original or a certified copy of the marriage certificate, in person to the Family Court Registry in Wan Chai, and pay the HK$630 filing fee.

    Complete the forms and bring them, with the original or a certified copy of the marriage certificate, in person to the Family Court Registry in Wan Chai, and pay the HK$630 filing fee. The Registry gives you a case number, which must go on every later document. A petition (or a joint application) is the court document that starts a divorce.

    What we do for you

    • Check you meet the conditions to apply (married for at least one year, a connection with Hong Kong)
    • Choose the route: a petition by one spouse or a joint application
    • Draft Form 2 / 2C, and the statements as to the arrangements for children, Form 2B / 2D
    • Organise the marriage certificate and both spouses’ details
    • Book the filing online, and accompany you or file on your behalf
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    Tip: a joint application does not need to be served on your spouse and goes straight to listing. If there are children under 18, custody and access arrangements must be put forward at the same time.

  2. Stage 2 02

    Serve the petition on your spouse

    The petitioner may not serve the papers in person.

    The petitioner may not serve the papers in person. A third party must hand the sealed copy to the respondent or send it by post, and the respondent signs and returns Form 4 Acknowledgement of Service. If your spouse’s address is unknown, you can apply to the court for substituted service by newspaper advertisement.

    What we do for you

    • Arrange a valid method of service
    • Check that the acknowledgement is returned to the court
    • If your spouse cannot be found: prepare the application for substituted service and an affidavit
    • If your spouse is on the Mainland or overseas: allow longer for service
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    Tip: if the respondent does not return the acknowledgement, the person who served the papers can file an affidavit with the court to prove service, and the case moves forward regardless.

  3. Stage 3 03

    Apply for a hearing date

    Apply to the Registrar for directions, and the case is placed on one of the lists.

    Apply to the Registrar for directions, and the case is placed on one of the lists. If your spouse does not file an answer, the case goes on the Special Procedure List: neither of you needs to attend, and the court deals with it on paper.

    What we do for you

    • Confirm the Registrar has accepted service
    • File the application to list the case, with the evidence needed
    • Note the date, place and time in the court’s notice
    • If the case is defended: explain how to prepare for the hearing
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    Fees: Special Procedure List HK$630 · Defended List HK$1,045 (Judiciary).

  4. Stage 4 04

    The court grants the decree nisi

    Once the Registrar is satisfied with the evidence, a certificate is issued and the court grants the decree nisi.

    Once the Registrar is satisfied with the evidence, a certificate is issued and the court grants the decree nisi. This is the first order, and the marriage has not formally ended yet: any remarriage in the meantime is invalid. If there are children under 18, the court must first be satisfied with the arrangements for them.

    What we do for you

    • Explain what the decree nisi says and its limits
    • Check the arrangements for children and the ancillary relief terms
    • Note the 6-week waiting period, and remind you when it ends
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    Tip: ancillary relief (maintenance, transfer of property, dividing property) can be dealt with on a later date, and the court may ask both of you to file affidavits of means.

  5. Stage 5 05

    Apply for the decree absolute: the process is complete

    6 weeks after the decree nisi, file the Notice of Application for Decree Nisi to be made Absolute: Form 5 for a petition, Form 5A for a joint application.

    6 weeks after the decree nisi, file the Notice of Application for Decree Nisi to be made Absolute: Form 5 for a petition, Form 5A for a joint application. The Registrar issues the Certificate of Decree Absolute. The marriage is formally ended and you may lawfully remarry.

    What we do for you

    • Prepare and file Form 5 / 5A
    • Collect the Certificate of Decree Absolute
    • Explain how to get a replacement certificate later
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    Tip: if a child is 18 or over but still in full-time education, the court will still consider arrangements for their welfare.

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.

  • Meet your dedicated consultant to choose the ground and route
  • Assessment of unreasonable behaviour, separation or desertion as the ground
  • Drafting the petition, joint application and agreements
  • Organising the filing documents, booking the filing and arranging service
  • Calculation of family assets, property and monthly maintenance
  • Organising Mainland-Hong Kong marriage documents (where applicable)
  • Unlimited phone enquiries (Cantonese / Mandarin / English)
  • Follow-up to the decree absolute, explaining every court letter first

Court fees are paid separately to the Judiciary and are listed before you engage us.

Our approach

Many people assume a divorce must be slow and expensive.We look carefully first, then act.

It starts with a no-pressure conversation: four stages, and one dedicated consultant to the end.

  1. Understand

    Stage 01

    Understand

    A free 30-minute first consultation. We listen to your situation and find what is really holding you up: the conditions to apply, your spouse, or the children and property.

“Sun Mood Divorce Consultancy: your divorce procedure starts here.”

We work to the rhythm of your case, not our diary.

One person throughout. From the first conversation to the decree absolute, the same dedicated consultant, so you never have to explain everything again.

Fees explained up front. Service fees and court fees are listed before you engage us. There are no hidden charges.

Unlimited phone enquiries. Cantonese, Mandarin and English, with a reply within three hours, usually the same day.

Dedicated consultant
Your dedicated consultant

One consultant, to the very end.

Your case is handled by one dedicated consultant: understanding your situation, drafting documents, following up with the court and explaining every letter. You can use Cantonese, Mandarin or English.

Case consultation and plan

Free first consultation · case assessment · action plan · fee estimate

Maintenance and property assessment

Maintenance calculation · dividing property · recovering arrears · lump-sum payment arrangements

  • Free first consultationUnderstand your situation first, then decide whether to engage us.
  • Reply within three hoursUsually the same day, so you are not left waiting for news.
  • Three languagesCantonese, Mandarin and English.
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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 illustration of the usual time needed for an uncontested divorce
    030monthsor so: the usual time needed for an uncontested divorce
  • Line illustration of a reply within hours, usually the same day
    040hoursto reply, usually the same day
FAQ

FAQ:Know the basics before you start.

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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.

  • Under the Matrimonial Causes Ordinance (Cap. 179), a petition for divorce can generally be brought only after you have been married for one year. In extreme cases you can apply to the court for leave to bring one earlier.

  • About seven months for an uncontested case. On the Special Procedure List, the wait from listing to hearing is 50 days; for a defended case it is 110 days. The sooner you agree on the children, maintenance and property, the faster it goes.

  • The first consultation is free. Before you engage us, we explain the fees, the process and the likely outcome for the whole procedure. Court fees are listed separately. There are no hidden costs.

  • Even if your spouse disagrees, will not sign or does not respond, you can still bring a petition alone. The court can continue without your spouse, on the facts that are proved.

  • Where you married makes no difference. If either spouse is domiciled in Hong Kong, habitually resident here or has a substantial connection with Hong Kong, you can proceed in Hong Kong.

  • You can use tenancy agreements for separate addresses, records of moving out and correspondence. Even if you live under the same roof, separate rooms and meals, separate finances and separate social lives can count as separation.

  • You can apply for substituted service, such as by newspaper advertisement, and explain the search you made in an affidavit. If your spouse has not returned Form 4 within 8 days, the court can still continue.

  • If there is no dispute over children or property, you can handle it yourself. If maintenance, arrangements for children, dividing property, difficulty with service or a dispute is involved, get professional help first.

  • Yes. The court does not decide maintenance by gender. It considers both spouses’ incomes, earning capacity, financial needs, responsibilities, the length of the marriage, the standard of living and contributions to the family.

  • You can lawfully remarry only after the decree absolute. A decree nisi does not formally end the marriage, so remarrying in the meantime is invalid, and you must wait at least six weeks before applying for the decree absolute.

  • The only ground the court recognises is that the marriage has broken down irretrievably. You must prove one of these facts: adultery, unreasonable behaviour, one year of separation with consent, two years of separation, or desertion.

  • You must prove that your spouse committed adultery and that you find it intolerable to live together. If you keep living together for more than six months after finding out, you can no longer rely on that adultery.

Book a consultation

Book a consultation:A free 30-minute first chat.

  • Free 30-minute first consultation
  • Strictly confidential
  • Reply within three hours, usually the same day
Sun Mood dedicated consultant
Dedicated consultantCantonese / Mandarin / English · Reply within three hours

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