- If both sides agree to the divorce and there are no other complications, the divorce can be completed in as little as four to six months.
- To apply for a divorce you must show that the marriage has broken down irretrievably. The procedure has five stages: filing the divorce petition, service of the documents, arranging the hearing, the decree nisi (the provisional order) and the decree absolute (the final order).
- With thorough preparation in advance, and strict compliance with the procedure the law requires, a quick divorce is possible.
- The law does not require property to be divided equally on divorce. The actual proportions depend on many factors, such as the length of the marriage and each side's financial contribution.
In Hong Kong, completing a divorce involves five main stages: filing the application, stating the grounds, the court hearing, the provisional order and the final judgment.
Below, we explain in detail how to get a divorce and the whole process of a quick divorce.
How long a divorce application takes, and the main factors affecting its progress
In Hong Kong, if both sides agree to the divorce and there are no other complications, the divorce can be completed in as little as four to six months.
However, if there are disputes over custody, division of property or maintenance, the divorce can take a year or longer.
| Effect on how long the divorce takes | |
|---|---|
| Both sides agree to the divorce | The procedure can be simplified considerably, and is completed in about six months |
| Child custody is involved | An extra three to six months is needed to decide custody |
| Disputes over property and maintenance | These can extend the divorce by six to twelve months |
| The spouse does not respond to court documents | The court may need to step in, which also delays the whole divorce |
| The court's schedule | This also affects how long the divorce hearing takes |
Not sure how long the divorce procedure will take?
Feel free to check your situation with us.
Standards for dividing property and maintenance: how property from during and before the marriage is handled
When dealing with a divorce, Hong Kong courts decide the division of property and maintenance on the principle of fairness, which includes considering:
- Each side's financial and non-financial contributions during the marriage
- The length of the marriage
- Each side's financial needs in future
How property from during and before the marriage is handled
| Whether it is included in the division | |
|---|---|
| Joint assets bought during the marriage | Usually included in the division |
| Property each side owned before the marriage | Generally not included, unless it is shown that the property was used jointly or registered jointly during the marriage |
| Inherited property or gifts received | Usually not included either, unless it has been used jointly with the spouse |
How maintenance is decided
In deciding maintenance, the court considers the following factors:
- The length of the marriage
- Each side's income and financial capacity
- Future financial circumstances
- Responsibility for bringing up the children, and similar factors
A long marriage usually improves the chance of receiving maintenance, especially when one side's financial position is clearly weaker than the other's.
The divorce procedure in Hong Kong involves many considerations, including the agreement between the two sides, child custody, division of property and whether maintenance has to be paid. All of these affect how long the divorce takes and how it goes.
More divorce know-how
- Divorcing overseas: can a Hong Kong person divorce in Hong Kong if they married abroad?
- Is separation required before divorce? How to prove separation and use the evidence
- Decree nisi and decree absolute in Hong Kong
How Hong Kong residents get a divorce: an overview of the procedure and costs
In Hong Kong, to apply for a divorce you must show that the marriage has broken down irretrievably. You can do so in one of the following situations:
- Adultery by your spouse
- Unreasonable behaviour that makes living together impossible
- Desertion for two continuous years
- Separation for two years with both sides' consent
- Separation for five years without consent
Please note
- Hong Kong law generally does not allow a divorce application before the marriage has lasted a year, unless there is exceptional hardship or one side's conduct is extremely improper.
The five stages of the divorce procedure
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Filing the divorce petition
The applicant needs to fill in and file a “Divorce Petition” with the Family Court. In a joint application, the side that receives the documents becomes the respondent and is responsible for responding to later applications.
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Service of documents
The applicant serves the sealed copy of the divorce petition on the spouse, the respondent, through a third party or by post, to make sure the respondent receives it and understands what the petition says.
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Arranging the hearing
Once the court has confirmed that the respondent has received the documents, it sets the hearing date, fixes the time and place, and notifies the parties.
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Decree nisi
The court will make a decree nisi, and neither side needs to attend court at this stage. If the respondent does not respond within the set time, the divorce application is dealt with under the Special Procedure.
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Decree absolute
45 days after the decree nisi is made, the applicant can ask for it to be made absolute. Once all the legal conditions are met, the court issues a certificate of decree absolute, which formally ends the marriage.
The basic divorce procedure and costs
Divorce is a legal process with several steps. The procedure and costs differ depending on whether both sides agree.
| Divorce procedure where both sides agree | Divorce procedure where one side applies without the other's consent | |
|---|---|---|
| Application documents | Both sides can fill in a “Joint Application” together | The applicant needs to fill in a “Divorce Petition” |
| Conditions | Both sides agree to the divorce and there is no dispute over child custody or division of property | Show that the marriage cannot be repaired |
| Filing and service | File it with the marriage certificate at the Family Court Registry, 12 Harbour Road, Wan Chai, Hong Kong | Once the petition is completed, it must be served on the other side, and you must make sure they sign to acknowledge receipt |
Where both sides agree to the divorce, a court hearing is usually not needed, and the court issues the divorce judgment directly after reviewing the documents.
Divorce procedure where one side applies without the other's consent
- Possible grounds for divorce include the spouse's adultery, unreasonable behaviour, long separation or desertion.
- If child custody or financial issues are involved, it is advisable to engage a solicitor to help with them.
Overview of divorce fees
| Fees | |
|---|---|
| Basic divorce filing fee | HK$600 |
| Involving solicitors and complex legal procedures | Costs rise substantially |
| Special cases, such as a divorce brought by one side without agreement | An administrative fee of about HK$1,200 |
What to do if you are unhappy with the divorce judgment
- If either side is unhappy with the judgment during the divorce, or the two sides cannot agree on important matters, further legal action may be needed to resolve them, which means higher solicitors' fees and court fees.
- In that case, the best course is to seek a qualified legal adviser, so that both sides' rights are properly handled.
- To keep the process running smoothly, especially where complex legal issues are involved, it is very important to hire a qualified solicitor for professional advice and representation.
Whether the divorce is brought by one side or agreed by both, the applicant should understand the relevant legal requirements and procedures in detail.
- Hong Kong divorce agreements, petitions and joint applications explained
- Divorcing a missing spouse: the petition and other ways to serve documents
Not sure whether to file a joint application or a divorce petition?
Get in touch, and a dedicated consultant will first understand your situation.
How to get a quick divorce: fast methods, costs and application
A quick divorce means completing the divorce procedure in the shortest time possible.
With thorough preparation in advance, and strict compliance with the procedure the law requires, a quick divorce is possible.
In Hong Kong, the whole divorce process usually involves several complex legal steps, such as court hearings and filing documents.
| Answer | |
|---|---|
| Can I handle the divorce myself without hiring a solicitor? | Yes, but hiring a solicitor helps the process run smoothly and avoids possible legal risks |
| How long a divorce takes | Usually six months to one year, depending on how complex the case is |
| Fees | Handling it yourself is usually cheaper; if solicitors are involved, the cost is relatively higher |
Overview of divorce fees
| Fees | |
|---|---|
| Both sides agree | HK$3,788 |
| One side applies | HK$4,288 |
| Spouse is missing | HK$6,288 |
These fees cover the legal work at every stage, from the petition to the end of the marriage.
How to apply for a quick divorce
A person applying alone for a quick divorce should fill in and file a “Divorce Petition”. If both sides apply together, they fill in a “Joint Application”.
Every application must state the grounds for divorce clearly, whether this is:
- Incompatibility in living together
- Proof of adultery
- Long separation
The proof needed for a divorce application
Every divorce application must give firm grounds for divorce, such as the spouse's unreasonable behaviour, long desertion or adultery, to show that the marriage has broken down irretrievably.
This proof will be the basis of the court's decision, and protects both sides' lawful rights.
- What to prepare for a Hong Kong divorce: documents, information and points to consider
- Preparing mentally for divorce, and how counselling helps mental health
- Rebuilding your life after divorce: how to look after yourself and start again
How is property divided on divorce? How “splitting assets” works, and common misunderstandings
In Hong Kong, the division of property between spouses is often called “splitting assets”. The law does not require property to be divided equally on divorce.
The actual proportions depend on many factors, such as:
- The length of the marriage
- Each side's financial contribution
- Standard of living
- Financial position and earning capacity
How property is divided on divorce
In a divorce, the court will consider:
- All joint property from during the marriage, including real property, shares and savings
- Each side's financial position, such as debts and daily expenses
If the couple can agree on how to divide the property, they can avoid going to court. If they disagree, each side needs to find a solicitor to help with the splitting of assets.
How property from before the marriage is handled
- Property each side owned before the marriage can also be divided. If one side already owned a flat before the marriage, and both sides then shared the family expenses during the marriage, the property is usually treated as jointly owned.
- If the parents helped financially when the flat was bought, then unless there is a clear IOU showing that the money was a loan and not a gift, that money may have to be taken into account on divorce.
How maintenance relates to the division of property
Maintenance is meant to protect both sides' standard of living after divorce. It can be paid as a lump sum or periodically, and the application for maintenance can run at the same time as the division of property, without affecting it.
Misunderstandings and facts about dividing property on divorce
- Many people think property must be split equally after divorce, or that the division only involves the husband paying the wife.
- Whether property is split half and half is a common misunderstanding. In fact, the court decides the proportions by looking at many factors, such as each side's financial capacity, financial needs, the length of the marriage and contributions to the family.
- The law treats spouses as equal partners, and on divorce the division of property is considered fairly under the Matrimonial Proceedings and Property Ordinance (Cap. 192).
Whether you are the husband or the wife, you should receive a suitable share of the property according to your own circumstances.
- How to secure the best maintenance after divorce
- Hong Kong divorce: property title, mortgage division and points to note
- Risks of moving assets before a divorce, and how to avoid having property divided
- Is a wife always entitled to half the assets on divorce?
- Housing arrangements for public rental flats after divorce
Not clear whether property from before the marriage will be divided?
If in doubt, feel free to contact our dedicated consultants.
Frequently asked questions about getting a quick divorce in Hong Kong
How is child custody dealt with during a divorce?
Custody arrangements are decided according to the children's best interests, and may include arrangements for access and for child maintenance.
In Hong Kong, how is maintenance decided after divorce?
The court decides the amount and duration of maintenance according to both sides' financial circumstances, the length of the marriage and whether children need to be supported.
In a divorce application, is property from before the marriage divided?
Usually, personal property from before the marriage is not divided, unless it was used jointly during the marriage or there are other special circumstances.
What if one side in Hong Kong does not agree to the divorce?
If one side does not agree to the divorce, the other side can still apply to the court on the legal grounds, and the court will give judgment on the evidence provided.
