- To file a petition on your own, the applicant completes a divorce petition. If both spouses agree, you complete a joint application instead.
- If both spouses agree to divorce, you must show that you have lived apart for at least one continuous year.
- If you apply alone, you must prove that the marriage has broken down irretrievably.
- If your spouse does not file an answer, the petition is placed on the Special Procedure List.
The steps differ between a divorce both spouses agree to and one applied for by one spouse alone. Here is what a proper divorce procedure involves.
How do you apply for a divorce?
The two simplest ways to divorce are these: one spouse files a petition alone, or both spouses agree and apply together.
| Filing a petition alone | Both spouses agree to apply | |
|---|---|---|
| Documents to complete | The applicant completes a divorce petition | Both spouses complete a joint application |
| How to file | Filed at the Family Court Registry | Both spouses file in person at the Family Court Registry |
The Family Court Registry is in the Government Offices building at 12 Harbour Road, Wan Chai, Hong Kong.
Not sure which way to apply for divorce?
Feel free to check your situation with us.
The procedure when both spouses agree to divorce
If both spouses agree to divorce and there are no issues over assets or custody of the children, you can handle the divorce yourselves without a divorce solicitor.
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Prove the separation
You must show that you have lived apart for at least one continuous year.
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Filing the joint application
Both spouses complete the joint application and hand it in to the Hong Kong Family Court Registry, together with the original or a copy of the marriage certificate.
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Pay the fee
Pay a fee of about HK$600.
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Wait for your turn
The Hong Kong Family Court lists cases in order. Neither spouse needs to attend a hearing.
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Dissolution of the marriage
Both spouses receive a copy stating that they have agreed to the divorce. After the trial, the court grants the dissolution of the marriage.
The procedure when one spouse applies alone
Filing a petition alone is far more troublesome. The applicant must complete a divorce petition and hand it in to the Hong Kong Family Court Registry.
The applicant must show a reason, that is, that the marriage has ended. The Hong Kong court calls this breaking down irretrievably, and it accepts one of the following reasons:
- Your spouse has committed adultery, and you find it intolerable to live with them
- Your spouse's behaviour is such that you cannot reasonably be expected to live with them
- You and your spouse have lived apart for at least one continuous year
- Your spouse has deserted you for at least one continuous year
After filing, the applicant must serve a sealed copy of the petition on the other spouse, either in person or by post.
Please note
- If there are minor children, the petition must include arrangements for their custody.
Because this procedure is complicated, the applicant can choose to appoint a solicitor to handle the steps and draft the agreement, including the details of maintenance.
How do you prove the marriage has broken down irretrievably?
Get in touch, and a dedicated consultant will first understand your situation.
What can you do if you are unhappy with the divorce judgment?
If either spouse is unhappy with the Hong Kong Family Court's judgment and the matter ends up back in court, there may be tens of thousands in legal fees and court costs to pay.
Examples of dissatisfaction:
- Your spouse does not agree to the divorce
- You cannot agree on the children or on how finances are divided
If one spouse applies for divorce and the other does not file an answer, the petition is placed on the Special Procedure List.
Including procedural charges, the applicant pays about HK$1,200 in administrative fees. After the proceedings, the spouses receive a decree nisi, which dissolves the marriage.
Cannot agree on the children or on how finances are divided?
If in doubt, feel free to contact our dedicated consultants.
