Agreements and certificates · Separation agreement

Separation agreement

Living apart still needs to be put in writing.

Who the children live with, who pays living costs, who stays in the family home: whatever you have agreed for the time you live apart, we write into a clear separation agreement. It also records the date your separation began. If you later divorce on the ground of separation, this is the clearest proof.

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How long must we be separated before we can divorce?

Divorce on the ground of separation

“Separation starts countingfrom the day you begin living apart.”

The day you count fromdecides when you can divorce:

  • 01

    One year apart

    If your spouse agrees, you can apply for divorce, or make a joint application together.

  • 02

    Two years’ separation

    If your spouse does not agree, you can also apply for divorce without your spouse’s consent.

  • 03

    Under the same roof counts too

    Sleeping in separate rooms, eating separately and keeping your finances apart can also count as separation.

The separation date must be stated in the divorce application. If the other spouse disputes the date, the applicant must prove it.

Want to know which day you count from?

What the agreement covers

The six parts of a separation agreement

Every couple is different, but a clear separation agreement usually covers the six parts below. If there are no children or property, the relevant parts can be skipped.

  1. 01 Part 1 / 6

    Separation date

    What to write

    From which day you live apart, who moves out and where to. If you still live in the same home, how you divide the rooms and live separately.

    Most often left out

    No date is given for when the separation began. If you later divorce on the ground of separation, that date matters most.

    The five grounds for divorce
  2. 02 Part 2 / 6

    Care of and access to the children

    What to write

    Who the children live with; how access and handovers work on weekdays, weekends and holidays; and who makes major decisions, such as on schooling and medical care.

    Most often left out

    It says only “reasonable access”. After you separate, pick-up days and times are the easiest things to argue about.

    How custody is arranged
  3. 03 Part 3 / 6

    Living costs and maintenance

    What to write

    Monthly living costs for the children and spouse, and payment dates. Who pays large expenses such as school fees and medical costs.

    Most often left out

    It gives only a monthly amount, with no payment date and nothing on how large expenses are shared.

    How maintenance is calculated
  4. 04 Part 4 / 6

    Housing and mortgage

    What to write

    Who stays in the family home and where the other person lives. Who pays the mortgage, rent and management fees.

    Most often left out

    It says only who moves out, not who keeps paying the mortgage. If a joint mortgage falls into arrears, the bank usually pursues both of you, and both credit records may be affected.

  5. 05 Part 5 / 6

    Savings, joint accounts and debts

    What to write

    Which accounts each of you keeps. How joint accounts, credit cards and loans are handled. Who is responsible for income and new debts after separation.

    Most often left out

    Joint accounts are not dealt with. After you live apart, either of you can still withdraw the savings.

  6. 06 Part 6 / 6

    Future divorce and signing

    What to write

    Whether you will later divorce on the ground of separation. You both confirm full disclosure of income and assets, and sign after each getting legal advice.

    Most often left out

    Thinking that signing a separation agreement is the same as divorce. While you are separated you are still married. To end the marriage, you still have to apply to the court.

Writing down the date you separated gives you proof when you divorce later.

Fees at a glance

Fees, explained in one go.

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From

Quoted per case

Quoted according to your situation and the parts to be written. All fees are set out before you engage us, and the same dedicated consultant handles it from the asset list to signing.

  • The parts to be written, listed to suit your situation
  • Draft the agreement, in Chinese or English
  • Both of you go through it clause by clause, revising until you are satisfied
  • States the separation date, kept as proof for a later divorce
  • Access timetable for the children, and living-cost arrangements
  • Arrangements for housing, the mortgage and joint accounts
  • Guidance on turning it into a divorce agreement later
  • Unlimited phone enquiries (Cantonese / Mandarin / English)

Each side’s own solicitor’s fees and out-of-pocket costs such as property valuations are charged separately, and set out before you engage us.

How it is written

The five most common drafting mistakes

One vague word can become a lawsuit later. On the left is the common wording; on the right is how we would write it.

Line illustration: a blank desk calendar beside an open moving box

Dates

Usual wording

“Both sides agree to separate.”

How we would write it

“The husband moved out of the parties’ home in Sha Tin on 1 March 2026, and the parties have lived apart since that date.”

The date separation begins decides when you can later divorce on the ground of separation.

Line illustration: a round clock, with a child reaching out to point at it

Access

Usual wording

“The father may have reasonable access to the children.”

How we would write it

“The father has the children to stay every other weekend, from 10 am on Saturday to 6 pm on Sunday; school holidays are divided equally between the two sides.”

With the days and times written down, you do not have to negotiate and argue every time.

Line illustration: an envelope holding notes, with two coins beside it

Living costs

Usual wording

“The husband pays household expenses each month.”

How we would write it

“Before the 1st of each month the husband will pay HK$8,000 for the children’s living costs and HK$5,000 for the wife’s living costs, until the parties agree otherwise or the court orders otherwise.”

“Household expenses” with no amount or date: late or short payment is hard to pursue.

Line illustration: a house with a bunch of keys in front of it

Mortgage

Usual wording

“The wife and the children continue to live in the family home.”

How we would write it

“The wife and the children continue to live in the family home. During the separation the husband continues to pay the mortgage, and the wife pays the management fees and rates.”

It says only who lives there, not who pays. If a joint mortgage falls into arrears, the bank usually pursues both of you, and both credit records may be affected.

Line illustration: an agreement with two signatures and a pen

Divorce

Usual wording

“(The agreement does not mention a later divorce)”

How we would write it

“After the parties have been separated for one year, if either party applies for divorce, they intend to proceed on the ground of one year’s separation (the other party must sign a separate consent when the divorce application is made), and the financial arrangements will be based on this agreement.”

Divorce after one year apart needs your spouse’s consent, signed again when you apply. Writing down both sides’ intentions now means fewer disputes later.

1 / 5

Separation agreement versus judicial separation

When you live apart, you can sign an agreement between yourselves, or apply to the court for judicial separation. The differences are below.

Line illustration: a tilted document with two signatures on it

Separation agreement

  • How you get itYou discuss it and sign it yourselves
  • Spouse’s consent needed?Yes, you both must sign
  • Court needed?Not needed
  • Children and living costsArranged as you both agree
  • Marriage statusStill married
  • When it suitsSuits couples who mostly agree
Line illustration: a judge’s gavel on a sound block

Judicial separation

  • How you get itYou apply to the court, which makes an order
  • Spouse’s consent needed?Not necessarily; you can apply without your spouse’s consent
  • Court needed?Yes, through court proceedings
  • Children and living costsThe court can make orders
  • Marriage statusStill married
  • When it suitsYou cannot agree, or do not want a divorce for religious or other reasons

Neither route ends the marriage. If you want to divorce later, you must apply separately. We will help you weigh which suits you better.

A dedicated consultant standing side by side with a man, both looking down at papers in a folder
Proof of separation

How to prove you have separated

To divorce later on the ground of separation, you need to be able to say from which day you separated. Pick the situation closest to yours:

Spouse willing to sign

What to do

Sign a separation agreement stating the separation date and all the arrangements. This is the clearest proof of separation.

What to prepare

Both of your ID documents, your marriage certificate, and the move-out date and new address.

Things to note

A date you both sign to confirm leaves the least room for dispute later.

Spouse not willing to sign

What to do

After separating, send your spouse a certificate of separation as soon as you can, recording the fact and date of separation. Keep a copy yourself as evidence for a later divorce.

What to prepare

The lease for your new address, and bills (water, electricity, gas) and letters.

Things to note

If your spouse disputes the separation date, the person applying has to prove it, so the earlier you keep records, the better.

Still in the same home

What to do

Sleeping in separate rooms, eating separately and keeping your finances apart, and letting your spouse know you are separating. Even in the same home, this can count as separation.

What to prepare

Records of living separately, such as your own expenses, messages and dates.

Things to note

Just sleeping in separate rooms while still living as a family may not be accepted by the court as separation.

  • The same dedicated consultantFrom your first conversation to signing, it is the same person.
  • Chinese or EnglishDrafted in the language you both prefer.
  • One or two years apartIf your spouse agrees, you can divorce after one year apart. If not, you can also divorce after two years.
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Ready to divorce? See Divorce procedure →

After separation

After separation,two routes to divorce

After one or two years apart, you can apply for divorce. Which route you take depends on whether your spouse agrees.

Line illustration: a road splitting into two, with signposts reading “one year” and “two years”

The other parent agrees→Divorce after one year apart

  1. Be separated for one year, and write down the date you separated.
  2. Your spouse signs a consent, or you make a joint application together.
  3. File the divorce application; you usually get the decree in about seven months.

Spouse does not agree→Divorce after two years apart

  1. After two years’ separation, keep your proof of separation.
  2. File the divorce application on your own; the other spouse’s consent is not needed.
  3. If your spouse disputes the separation date, you have to prove it. The sooner you prepare the proof, the better.
  • Keep proof of separation firstAfter moving out, send a certificate of separation as soon as you can, and keep the lease and bills.
  • Write the separation agreement firstSettle the children, living costs and housing in the separation agreement first.
  • Turn it into a divorce agreement laterWhen you apply for divorce, the separation agreement can be the basis of the divorce agreement.
Agreements & certificates

Four kinds of agreement,used at different times

The names are similar but the uses differ. See which one you need now.

  • 01Prenuptial agreement
  • 02Postnuptial agreement
  • 03Separation agreement
  • 04Divorce agreement
02

Postnuptial agreement

Line illustration: an envelope with a wax seal

During marriage

Postnuptial agreement

When circumstances change after marriage, such as buying a home or receiving an inheritance, you agree the property arrangements afresh.

Find out about postnuptial agreements
03

Separation agreement

Line illustration: a house and a key

When separating You are here

Separation agreement

How the children, living costs and housing are arranged while you live apart.

See the six parts to write

Other documents:Replacement marriage certificateCopy of the divorce certificate

Common situations

Four of the situations we meet most often.

1 / 4
Sun Mood in numbers

Ten years, five hundred new beginnings.

  • Line illustration of years of divorce experience
    010+years of divorce experience
  • Line illustration of clients served
    020+clients served
  • Line illustration of the usual time needed for an uncontested divorce
    030monthsor so: the usual time needed for an uncontested divorce
  • Line illustration of a reply within hours, usually the same day
    040hoursto reply, usually the same day
FAQ

Separation agreement FAQ

Sun Mood dedicated consultant
Not sure where to start?

Every case begins with a no-pressure conversation. We listen to your situation, answer in plain language and help you decide your next step.

  • Usually six parts: the date of separation, care of and access to the children, living costs and maintenance, housing and the mortgage, savings, joint accounts and debts, and a later divorce and signing. If there are no children or property, the relevant parts can be left out.

  • You can use them as a reference, but many online templates are in the Mainland format, with terms such as “jointly owned marital property” and “joint claims and debts”, which do not apply in Hong Kong. In a Hong Kong separation agreement, the most important thing is to state the separation date and the specific arrangements.

  • Yes, but vague wording easily leads to disputes later. We suggest having it drafted by someone familiar with this kind of agreement, and each of you then getting legal advice.

  • A separation agreement is an agreement between the two of you. If the other side does not keep to it, you can pursue them under it. But it cannot stop either of you from applying to the court for maintenance later. At a later divorce, the court will take the agreement into account but is not bound by it, especially on arrangements for the children and maintenance.

  • No. During a separation you are still married. To end the marriage, you still have to apply to the court for a divorce.

  • A separation agreement is signed by the two of you yourselves. Judicial separation is an order applied for from the court, and suits people who do not want a divorce but need the court to deal with the arrangements.

  • If the other spouse agrees, you can divorce after one year of separation. If they do not agree, you can divorce after two years of separation.

  • Not necessarily. Unless your spouse disputes the separation date, you do not need to submit proof of separation to the court. But once there is a dispute, the person applying must prove it, so it is best to keep records early.

  • Yes. If you sleep in separate rooms, eat separately and keep your finances apart, and your spouse knows you are separating, the court can accept that as separation.

  • You agree between yourselves and write it into the agreement. If you cannot agree, you can apply to the court, which decides by the children’s best interests.

  • Keep records first. You can pursue it under the separation agreement, and you can also apply to the court for a maintenance order.

  • It is best to get your spouse’s consent first and write it into the agreement. If your spouse does not agree, you can apply to the court for permission. If there is already a court order, you must follow it.

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