- In 2019, Hong Kong’s divorce rate climbed to 48%, and the number of divorces rose sharply from 6,295 in 1991 to 21,157.
- Under the Matrimonial Causes Ordinance (Cap. 179), you can apply for divorce in Hong Kong if you meet one of three conditions: domicile, habitual residence or a close connection with Hong Kong.
- Hong Kong law does not currently recognise same-sex marriage, so a same-sex couple who registered their marriage elsewhere cannot apply for divorce in Hong Kong.
- In 2021, Hong Kong passed a bill so that certain court judgments between Hong Kong and the Mainland can be recognised and enforced in each other’s courts.
Many people think hard before marrying, and some even hold their wedding overseas. If the marriage runs into trouble, where you choose to end it matters just as much.
This page looks at whether international divorce, overseas divorce and divorcing in Hong Kong after marrying abroad are possible.
Why Hong Kong has become a hotspot for international divorce
In 2019, Hong Kong’s divorce rate climbed to 48%. That is one divorce for every two marriages, and it has made Hong Kong the “divorce capital” second only to London.
| Number of divorces | |
|---|---|
| 1991 | 6,295 |
| 2019 | 21,157 |
Hong Kong is the first choice for local couples, and it also draws many couples from abroad, including international couples, who come here to sort out their divorce.
There are many reasons to choose Hong Kong for an international divorce. The main ones are:
- Hong Kong’s legal system comes from Britain and is based on the common law.
- The Family Court does not use a fixed formula to divide property, which leaves more room to argue your case.
- In Hong Kong both sides must make full and open disclosure of their assets, which is not common in other countries or regions.
Experts point out that Hong Kong’s legal system offers many protections, and that after London, Hong Kong is a leading choice of city for divorce.
Should your international divorce be handled in Hong Kong?
Feel free to check your situation with us.
Jurisdiction in an international or overseas divorce in Hong Kong
Under the Matrimonial Causes Ordinance (Cap. 179), the Hong Kong courts can hear a divorce case in the following situations:
- Either spouse is domiciled in Hong Kong when the divorce is applied for.
- Either spouse has lived in Hong Kong continuously for three years during the last three years.
- Either spouse has a substantial connection with Hong Kong when the divorce is applied for.
In an international or overseas divorce, one spouse may start proceedings in Hong Kong while the other wants the case heard in a court elsewhere, such as in the country where they live. This creates a conflict of jurisdiction.
In this situation, the Hong Kong court decides whether it has jurisdiction under the Matrimonial Causes Ordinance.
Strategy for the petitioner
- The spouse who starts the divorce (the petitioner) should avoid filing in Hong Kong if they do not want the case heard here.
- Once the case is started in a Hong Kong court, the principle of “voluntary submission to jurisdiction” under Hong Kong law makes it very hard to withdraw, and the place of the proceedings cannot easily be changed.
Strategy for the respondent
- The respondent is the spouse on the other side of the divorce. If they want to object to the case being heard in Hong Kong, they should raise the question of jurisdiction with the court before filing any defence on the substance.
- If the respondent files a defence without clearly objecting to jurisdiction, they may be treated as accepting the jurisdiction of the Hong Kong court.
The doctrine of forum non conveniens
Under the common law doctrine of forum non conveniens, even if the Hong Kong court has jurisdiction under the Matrimonial Causes Ordinance, it may stay the case if another jurisdiction is a more suitable place for it.
The doctrine requires the court to assess whether a court elsewhere is better placed to hear the case, so that the hearing is fair and efficient.
When an anti-suit injunction applies
In some cases, to prevent duplicated proceedings or delay, the Hong Kong court can grant an anti-suit injunction against a party.
An anti-suit injunction stops a party from starting or continuing the same proceedings in a court outside Hong Kong.
This kind of order helps keep proceedings efficient and fair, and prevents abuse of the legal process.
- What to prepare for a Hong Kong divorce: documents, information and points to consider
- Advice on preparing before a divorce
Can you divorce in Hong Kong after marrying abroad?
Hong Kong law sets conditions for couples who married abroad and want to divorce here, including:
- At least one spouse must be domiciled in Hong Kong.
- Or one spouse must have been habitually resident in Hong Kong during the three years before the application.
- Or one spouse must have a close connection with Hong Kong on the day of the application.
These conditions make sure that only couples with a real link to Hong Kong can divorce here.
Legal challenges in cross-border marriages
- A cross-border marriage can involve several jurisdictions, especially because the rules for dividing property differ.
- For example, the Mainland’s rules on dividing property are relatively clear, and this may affect where a spouse chooses to apply for divorce.
- Whether the Hong Kong court has jurisdiction depends on several factors, including where each spouse lives and their ties with Hong Kong.
Legal limits on same-sex marriage in Hong Kong
Hong Kong law does not currently recognise same-sex marriage, so a same-sex couple who registered their marriage elsewhere cannot apply for divorce in Hong Kong.
This legal position is inconvenient for same-sex couples, and it has also prompted debate about legal protection and equal rights.
The need for legal protection and progress
Hong Kong’s marriage law is facing challenges on several fronts, especially as the city becomes more international and social values more varied.
The basic purpose of the law is to protect people’s fundamental rights. Whether the issue is international divorce or same-sex marriage, the legal system needs to keep developing to meet the needs of the time.
- 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
- 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?
Can you divorce in Hong Kong after marrying abroad?
If in doubt, feel free to contact our dedicated consultants.
International divorce for foreign nationals in Hong Kong
A foreign national who wants to apply for divorce in Hong Kong must meet certain conditions. Under the Matrimonial Causes Ordinance, the applicant must show a continuing connection with Hong Kong by meeting one of the following:
- They are domiciled in Hong Kong on the date of the application.
- Hong Kong has been their habitual residence during the past three years.
- They have a close connection with Hong Kong on the date of the application.
Domicile usually means the place a person regards as their permanent home. In Hong Kong, holding a permanent identity card or a passport does not by itself mean you are domiciled here.
The court will look at whether the applicant’s life in Hong Kong is settled, including their family, work and social activities.
Please note
- If the centre of the applicant’s life is clearly not in Hong Kong, they may not qualify even if they have lived here for more than three years.
In both Hong Kong and England and Wales, the court considers the spouses’ property, needs and contributions when dividing assets and ordering financial support on divorce. The two places differ in the details:
| Hong Kong | England and Wales | |
|---|---|---|
| Division of pensions | No such law | Clear provisions |
| Division of assets | Equal division is usually sought, unless special contributions are shown | The English court may consider the future needs of both spouses |
When foreign nationals choose where to divorce, they must consider each court’s jurisdiction and whether its judgment can be enforced.
For example, an English divorce judgment may have to go through a specific procedure before it can be enforced in Hong Kong.
Dividing assets fairly on divorce is complicated for foreign nationals who own property in different countries.
Both the Hong Kong and English courts require the applicant to give full disclosure of their assets.
For a foreign national in Hong Kong, deciding where to file for divorce is a major decision. It should take into account where you live, where your assets are and other practical factors.
- 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
Mainland–Hong Kong divorce: where to proceed
When a Mainland–Hong Kong marriage has broken down and legal proceedings are needed, the first question for the couple is where to proceed with the divorce.
The differences between the Hong Kong and Mainland legal systems can have a deep effect on both sides’ futures.
| Hong Kong | Mainland | |
|---|---|---|
| Eligibility to proceed with a divorce | One spouse has lived in Hong Kong for more than three years, or has close financial and family ties with Hong Kong | In a cross-border marriage, a spouse who is still a Mainland resident may also qualify |
| Disclosure of assets | Both sides must disclose their assets worldwide | The requirements are very different from Hong Kong’s |
| Child custody | Tends to give custody of the children to one parent, to keep the siblings close together | May be shared equally between the parents |
| Factors in dividing property | Takes into account factors such as the couple’s standard of living and any prenuptial agreement | Takes into account any pre-marital assets and gifts from parents, which may not count as joint property |
Where to divorce depends on several factors, such as where the couple’s main assets are and whether there are questions of child custody.
If the main assets are held in Hong Kong, or a company is registered here, the couple may choose to divorce in Hong Kong.
The Hong Kong court treats everyone equally in divorce cases. It does not favour anyone because of nationality, gender or the place of marriage.
Mutual recognition of Mainland and Hong Kong judgments
In 2021, Hong Kong passed the Mainland Judgments in Matrimonial and Family Cases (Reciprocal Recognition and Enforcement) Bill, so that certain judgments of Hong Kong and the Mainland can be recognised and enforced in each other’s courts.
For couples in a cross-border marriage, this greatly simplifies the legal process, as they do not have to go to court twice in two places.
Why full disclosure of assets worldwide is needed
- The information to be disclosed includes bank statements, credit card details and company financial reports. This is important evidence for the court when it decides on the division of property and maintenance.
- False disclosure can lead to legal liability, including imprisonment.
Hong Kong law looks at the whole picture, not just how assets are held on paper.
Not sure whether to divorce in Hong Kong or on the Mainland?
Get in touch, and a dedicated consultant will first understand your situation.
Frequently asked questions about international divorce in Hong Kong
What documents do foreign nationals need to divorce in Hong Kong?
You need to provide proof of marriage, proof of residence, proof of identity and the relevant court application forms.
What if one spouse applies for divorce in Hong Kong and the other is abroad?
The other spouse can use international legal assistance, or instruct a local lawyer, to deal with the Hong Kong proceedings.
Can I apply for custody of the children in a Hong Kong divorce?
Yes. The Hong Kong court decides custody on the basis of the best interests of the child.
After the divorce, can I appeal in Hong Kong against a foreign judgment?
If the divorce judgment was made by a Hong Kong court, you can appeal under Hong Kong law.
If it is a foreign judgment, you must follow the law of that country.
What are the main legal challenges of an international divorce in Hong Kong?
The main challenges are dealing with the complexity of cross-border law, making sure assets are fully disclosed, and international questions of custody and access.
