- Under the Matrimonial Causes Ordinance (Cap. 179), spouses can apply for divorce on grounds that include adultery, unreasonable behaviour, living apart for a set period, and one spouse having disappeared for more than two years.
- The Family Court’s online booking system has fixed time slots, and each slot takes only one divorce application.
- The filing fee is HKD 630 for a sole application and HKD 1,045 for a joint application.
- The Family Court is in the Wanchai Law Courts Building. It is open Monday to Friday, 9:00 am to 5:00 pm.
Divorce and other matrimonial cases in the Family Court of the District Court are normally heard by that court’s judges. A hearing begins only after the divorce petition or application has been received.
This page covers the Hong Kong Family Court and its divorce procedure: online booking times, the address and the forms you need.
Divorce law in Hong Kong: grounds, eligibility and limits
In Hong Kong, spouses who want to end their marriage can apply for divorce under the Matrimonial Causes Ordinance (Cap. 179). The lawful grounds are:
- Adultery
- Unreasonable behaviour
- Separation of more than one year, with both spouses agreeing
- Separation of more than two years, even without agreement
- One spouse having disappeared for more than two years, and similar situations
Under Hong Kong law, a couple who want to divorce must show that the marriage has lasted at least one year.
Please note
- In cases of exceptional hardship, the applicant can ask the Family Court to waive this one-year requirement.
If a case involves complex legal issues or substantial assets, a party can apply to have it transferred to the High Court.
High Court judges have more experience, so they are better suited to these complex cases.
Not sure whether you meet the grounds for divorce?
Contact us to check your situation and the length of your marriage.
The divorce procedure step by step: filing the petition, service and the court’s first ruling
The divorce procedure runs in this order: filing the divorce petition, service, the court’s first ruling, and the final judgment.
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Filing the divorce petition
File the divorce petition with the Family Court, together with supporting documents such as the marriage certificate, notice of proceedings, statement of truth and family mediation certificate, and pay the prescribed fee.
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Service of documents
The applicant must make sure the documents reach the spouse. This can be done through a third party or by post. A joint application does not need this step.
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The court’s first ruling
After the Family Court hears the case, and if there is no objection, the court grants a decree nisi (a provisional divorce order).
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Getting the final judgment
Six weeks after the decree nisi, if there is no objection, the applicant can apply to the court to make it a decree absolute (the final order). This formally ends the marriage.
Children, property and maintenance, mediation and legal costs
In a divorce, custody of the children and access to them are central concerns. The court decides these arrangements according to the best interests of the children.
The division of the couple’s joint property, and maintenance from one spouse to the other and to the children, are also important matters for the court.
During a divorce, spouses can choose mediation to reach an agreement. A professional family mediator usually leads it. The benefits of mediation include:
- Lower legal costs
- A faster divorce
Legal costs and choosing a solicitor
Legal costs in a divorce vary with how complex the case is.
When choosing a solicitor, consider the following, and discuss the expected total cost of your case with them:
- Experience
- Professional background
- Fee scale
- Is separation required before divorce? How to prove separation and use the evidence
- Decree nisi and decree absolute in Hong Kong
- Hong Kong divorce agreements, petitions and joint applications explained
- Divorcing a missing spouse: the petition and other ways to serve documents
Hong Kong Family Court online booking and e-booking services
To save time, you can book a slot to file your divorce application through the Family Court’s online booking system. It has fixed time slots, and each slot takes only one application.
Please note
- If you arrive more than 10 minutes after your appointment time, you may have to rebook.
The Judiciary’s e-booking service was first introduced at the Probate Registry, the Family Court Registry and the Lands Tribunal. It has since been extended to the following offices:
- The Appeals Registry of the High Court Clerk of Court’s Office
- The High Court Registry
- The Integrated Mediation Office
New booking service at the High Court Clerk of Court’s Office
The extended e-booking system lets litigants and applicants without legal representation book online to visit the Appeals Registry for civil matters such as:
- Filing a notice of appeal
- Applying for leave to appeal and for an extension of time to appeal
The aim is to make the Judiciary more efficient and more convenient for the public.
Endorsement service at the High Court Registry
At the High Court Registry, court users can now book online with the endorsement service unit to have specified documents endorsed.
The service aims to simplify legal procedures further and shorten waiting times.
Information talks at the Integrated Mediation Office
Court users who want to learn about the mediation process and other ways to settle disputes can now book online to attend a family or general mediation information talk run by the Integrated Mediation Office.
These talks give basic knowledge of mediation. They do not include actual mediation sessions or counselling.
Positive response to e-booking
- Since e-booking was first introduced, it has cut waiting times for court users and has been widely welcomed.
- The extension is expected to make the service more efficient and more convenient for more court users.
- How to secure the best maintenance after divorce
- Affairs, Divorce, Property and Maintenance in Hong Kong
- Is a wife always entitled to half the assets on divorce?
- What happens to the property and mortgage after divorce
- Housing arrangements for public rental flats after divorce
- Dividing assets on divorce in Hong Kong, and how to protect yours
- Hong Kong divorce: property title, mortgage division and points to note
Not sure how to book the Family Court?
Contact us to ask about online booking and how to file a divorce application.
Filing a divorce application in the Family Court: steps and forms
In Hong Kong, a spouse can apply alone or both spouses can apply together. Before filing, prepare the following documents:
- A completed divorce application form (downloadable from the Family Court website)
- The original marriage certificate or a certified copy
- Where applicable, documents such as a statement on the arrangements for the children
Once the application form is complete, take it with the required documents to the Family Court Registry, file it in person and pay the registration fee:
| Registration fee | |
|---|---|
| Sole application | HKD 630 |
| Joint application | HKD 1045 |
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Preliminary hearing in the divorce
After you file, the Family Court will arrange a preliminary hearing. The court may ask you for further documents, such as papers on arrangements for the children, or for you to take part in family mediation.
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Granting the decree nisi
If both spouses agree to the divorce, the court will grant a decree nisi after the hearing.
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Getting the final order
Six weeks after the decree nisi is granted, you can apply to make it a decree absolute. This marks the formal end of your divorce.
Please note
- Before granting the final order, the court first checks that the arrangements for the children are satisfactory.
Common questions about the divorce process
A divorce can involve many complex issues, such as the division of property, and custody of and access to the children.
Before you start the divorce process, we suggest you consult a solicitor to protect your legal rights.
- Why are divorce lawyers expensive?
- Why hire a solicitor for your divorce: the benefits and why it matters
How long cases take at the Family Court, and its address, phone number and opening hours
In Hong Kong, how long a divorce takes depends on the case and on several factors, including:
- How many cases the Family Court currently has
- How long the hearing takes
- The need to make sure the children’s arrangements are in order before a decree nisi can be made absolute
The time from filing to the end of the case therefore varies. In the meantime, you must wait for the court’s final judgment before you can remarry.
Family Court service pledge and waiting times
The Family Court has service standards for divorce cases. The expected waiting times for some types of case are:
| Expected waiting time | |
|---|---|
| Special Procedure divorce cases | About 50 days from listing to the actual hearing |
| Defended cases (one-day hearing expected) | About 110 days |
| Cases involving financial applications | 110 to 140 days from filing to hearing (one-day hearing expected) |
The Judiciary’s reply pledge
The Judiciary pledges to reply promptly to public enquiries. The usual reply times are:
| Reply time | |
|---|---|
| Initial reply | Within 10 days of receiving your letter |
| Detailed reply | Within 30 days |
The Family Court is in the Wanchai Law Courts Building, which is easy to reach. You can take the MTR or other public transport.
| Family Court details | |
|---|---|
| Address | M2, Government Offices, 12 Harbour Road, Wan Chai, Hong Kong |
| Phone | +852 2582 4000 |
| Opening hours | Monday to Friday, 9:00 am to 5:00 pm |
- Preparing mentally for divorce, and how counselling helps mental health
- 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
- 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?
Not sure how long your case will wait?
Contact us to check your type of case and the documents you need.
Frequently asked questions about the Hong Kong Family Court
What types of case does the Hong Kong Family Court handle?
The Hong Kong Family Court mainly deals with family-related legal matters, including divorce, custody of children, domestic violence and the division of property.
How long does a divorce through the Hong Kong Family Court take?
It depends on the case. An undefended divorce may be finished within a few months, while a contested case can take longer.
How do I use the Hong Kong Family Court’s online booking system?
Go to the Hong Kong Judiciary’s official website, find the online booking link in the Family Court section, and fill in the details as instructed.
How does the Hong Kong Family Court protect the best interests of children?
In cases involving children, the court puts their best interests first, including their health, safety and wellbeing. It may also hear the views of social workers or psychological experts.
Do all family cases have to go through the Hong Kong Family Court?
Most family legal matters go through the Family Court. Some simple cases, or matters the parties have agreed, may not need a court appearance.
What mediation services can the Hong Kong Family Court offer?
The Family Court offers mediation to help resolve divorce, division of property, custody of children and similar issues, looking for a solution both sides can accept.
What can I do if I am unhappy with a Hong Kong Family Court judgment?
You can appeal to a higher court, but only within the set time limit, and you may need a solicitor’s advice and help.
What special rules does the Hong Kong Family Court have to protect victims of domestic violence?
Depending on the circumstances, the Family Court can issue protection orders that bar the abuser from approaching the victim, and it can deal with these cases quickly to keep the victim safe.
