- A divorce agreement is valid only once both parties have signed it and a Hong Kong court or the marriage registration authority has approved it.
- To apply for divorce in Hong Kong you must meet three conditions, including a valid and genuine marriage and a marriage of at least one year. If the marriage is under one year old, you can apply only with the court’s permission.
- A sole application needs a divorce petition (Form 2). A joint application needs a joint application form (Form 2C).
- Six weeks after the court grants the decree nisi (the provisional divorce order), you must complete Form 5 or Form 5A to make it a decree absolute.
A divorce agreement is also called a divorce petition, and it is required for a sole application.
The petitioner must show lawful grounds for believing the marriage is over, meaning the court regards it as having “broken down irretrievably”.
The divorce agreement in Hong Kong: contents, effect and procedure
When a couple agree to divorce, the agreement must be in writing and signed by both parties. It takes effect only after a Hong Kong court or the marriage registration authority approves it.
Under Hong Kong’s marriage registration rules, both spouses must sign the divorce agreement before the divorce can go ahead. It is one of the required documents.
The agreement states that both spouses are divorcing voluntarily and records what they have agreed on the children, the division of property and debts. It usually covers:
- That both spouses agree to register the divorce
- The arrangements for the children, including the costs each side bears and how and by when they are paid
- How the couple’s joint property is divided
- Who takes on and who repays the couple’s joint debts
- Housing arrangements for both spouses
- Financial support for the other spouse if they are in difficulty
- Access to the children, and how it will be carried out
- Other matters the spouses have expressly agreed
- Both spouses’ signatures
- The timetable for preparing the divorce agreement
A divorce agreement sets out each spouse’s personal details and marital status, such as occupation, residence and assets.
It takes effect formally only when both spouses agree to the divorce and separation and a Hong Kong court approves it.
Once a Hong Kong court accepts the terms of a separation agreement, they become a court order and bind both spouses.
In a divorce, the spouses usually reach their agreement with a solicitor’s help.
Please note
- If you do not think carefully about what you agree with your partner, you may face repeated disputes after applying for divorce.
- When you sign a Hong Kong divorce agreement, read every term carefully, especially the division of property, to avoid unnecessary disputes later.
- On the day the application or divorce agreement is made, either spouse must have a close connection with Hong Kong.
- Either spouse must also have been habitually resident in Hong Kong for the three years before the application.
- If there are minor children, the spouses must discuss custody together, and the details must also be dealt with fully in the divorce agreement.
The sections below outline the divorce procedure in Hong Kong, so you can see how the divorce agreement (divorce petition) and the joint application are used.
- Decree nisi and decree absolute in Hong Kong
- How do I apply for a divorce?
- Why are divorce lawyers expensive?
- Why hire a solicitor for your divorce: the benefits and why it matters
- Becoming a solicitor in Hong Kong: entry requirements, income and the work
Not sure what your divorce agreement should contain?
Feel free to check your situation with us.
The three conditions for divorce in Hong Kong
You can apply for divorce in Hong Kong if you meet these three conditions:
- The marriage must be valid and genuine. For example, a sham marriage or a bigamous marriage is void or not genuine. It does not matter whether the marriage took place in Hong Kong or in another country.
- The spouses must have been married for at least one year. If the marriage is under one year old, you can apply for divorce only with the court’s permission.
- The spouses must meet one of the following conditions to apply in a Hong Kong court.
One of the conditions can be:
- When the application is made, either spouse lives in Hong Kong
- Either spouse has habitually lived in Hong Kong for the three years before the application
- When the application is made, either spouse has a close connection with Hong Kong. Whether the connection is close depends on the case
Divorce procedure (1): filing the divorce petition or joint application
For a sole application, file a divorce petition. For a joint application, file a joint application form.
Documents for a sole application
The spouse applying must complete a divorce petition (Form 2) and other relevant documents, and file them with the Hong Kong Family Court together with the original marriage certificate (or a certified copy). Other relevant documents include:
- Statement as to the arrangements for children (Form 2B)
- Financial statement (Form E)
- Notice of Proceedings (Form 3)
- Acknowledgement of Service (Form 4)
| Document | |
|---|---|
| Form 2 | Divorce petition |
| Form 2B | Statement as to the arrangements for children (if applicable) |
| Form 3 | Notice of Proceedings |
| Form 4 | Acknowledgement of Service (only the case number and the names of the parties need to be filled in) |
| Statement of Truth | Petitioner’s family mediation certificate |
All divorce forms can be downloaded from the Judiciary website.
The petitioner must show that the marriage has broken down beyond repair. The court accepts one or more of these grounds as proof:
- The spouse has committed adultery, and the petitioner finds it intolerable to live with him or her
- The spouse has behaved in such a way that the petitioner cannot reasonably be expected to live with him or her
- Before the petition, the petitioner and spouse have lived apart for a continuous period of at least 1 year, and the spouse agrees to the divorce
- Before the petition, the petitioner and spouse have lived apart for a continuous period of at least 2 years, and the spouse’s consent is not needed
- Before the petition, the petitioner has been deserted by the spouse for a continuous period of at least 1 year
If a husband’s behaviour is such that his wife cannot reasonably be expected to live with him, and she does not want to wait through one or two years of separation, she can consider “unreasonable behaviour” as her ground and apply for divorce straight away.
Documents for a joint application
If both spouses agree to apply together, they must file a joint application (Form 2C), a statement as to the arrangements for children (Form 2D) and the original marriage certificate (or a certified copy) with the Hong Kong Family Court.
| Document | |
|---|---|
| Form 2C | Joint application |
| Form 2D | Statement as to the arrangements for children (if applicable) |
| Joint application | Joint applicants’ family mediation certificate |
Both spouses must show the court that:
- Before applying for divorce, they have lived apart for a continuous period of at least 1 year; or
- At least 1 year before applying, a consent signed by both spouses (Form 2E: Consent to Application for Dissolution of Marriage) was filed with the court, and it has not been withdrawn.
If both spouses agree to divorce and there is no dispute over custody or division of property, they can apply together. This is the fastest way to divorce.
Divorce procedure (2) and (3): serving the petition on your spouse and fixing the hearing date
In a sole application, the petitioner must have a court-sealed copy of the divorce petition served on the respondent (the petitioner’s spouse), either by a third party delivering it in person or by post.
In a joint application, the petition does not need to be served on the spouse.
Please note
- If the petitioner has lost touch with the respondent for years and cannot serve the petition in these ways, the petitioner can ask the Family Court for permission to advertise the petition in a newspaper. If the court agrees, this can be used as substituted service.
Setting the court hearing date
The petitioner applies to the Registrar. The court will fix a hearing date only after it has confirmed that the petition was served on the respondent.
There are two ways to prove that the petition was served on the respondent:
- The respondent returns a completed Form 4
- The person who served it files an affidavit with the court stating that the sealed copy of the petition was served on the respondent
In a joint application, a hearing date can be fixed as soon as all the documents are ready.
Unable to serve the petition on the respondent?
If in doubt, feel free to contact our dedicated consultants.
Divorce procedure (4) and (5): decree nisi and final divorce judgment
A divorce petition or joint application is put on one of two lists. The Registrar gives directions on the date, place and time of the hearing and tells all parties to attend.
| Special Procedure List | Defended List | |
|---|---|---|
| How the case is listed | The respondent has not filed an answer with the court. Joint applications are listed in the same way | The respondent has filed an answer with the court |
| What the court reviews | The evidence filed by the petitioner | The evidence of both sides |
| Attendance | Neither spouse needs to attend court | Both spouses may need to attend court |
On the Special Procedure List, the court gives directions for the trial. If it accepts the evidence in the petition and is satisfied with it, it issues a certificate and files it.
Both spouses receive a copy setting out the terms they have agreed, and the court grants a decree nisi, which ends the marriage on a provisional basis.
On the defended list, the court examines both sides’ evidence and then decides whether to grant a decree nisi. If it finds the evidence insufficient, it dismisses the petition.
Please note
- If questions of custody and access arise while the court is dealing with the decree, or either spouse applies for financial relief such as maintenance, the court adjourns these matters to be dealt with in chambers.
- Where necessary, the court can order the parties to file affidavits about their finances.
The final divorce judgment
Six weeks after the court grants the decree nisi, the spouse concerned must complete the “application to make the decree nisi absolute” and return it to the Family Court to end the marriage formally.
For a divorce petition, complete Form 5. For a joint application, complete Form 5A.
If the spouses have children together, the decree nisi cannot be made absolute unless the court is satisfied with the arrangements for the children’s welfare.
If the spouses have children together, the court has a duty to consider their welfare. When the Family Court is satisfied with the arrangements, it issues the certificate of decree absolute.
- What happens to the property and mortgage after divorce
- Housing arrangements for public rental flats after divorce
- 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
Divorce mediation
Couples facing divorce and related matters can also settle them through divorce mediation.
Family mediation aims to help spouses settle disputed issues in confidence, such as future arrangements for the children and finances, so that they reach agreement and avoid litigation.
We have a dedicated team and partners with extensive experience in handling cases. Contact us.
Cannot agree on custody of the children?
Get in touch, and a dedicated consultant will first understand your situation.
