DIVORCE IN HONG KONG
Grounds for divorce in Hong Kong
"Irretrievable breakdown" of the marriage must be established before a court decree nisi of divorce can be issued. Evidence of such breakdown is demonstrated by proof of any of the following conditions:
- Unreasonable behavior,
- Separation for a continuous period of at least one year (if both parties consent to the divorce)
- Separation for a continuous period of at least two years (if the divorce is contested). The separation need not be documented by court decree. It is sufficient that the parties simply not be living with each other for the required length of time.
- Desertion for a continuous period of at least one year.
In the case of a joint application, you and your spouse must prove to the court (a) that you have lived apart from each other for a continuous period of at least 1 year before making the application; or (b) that not less than 1 year prior to the making of the application a notice signed by each of such parties was given to the court and that the notice was not subsequently withdrawn.
If there are children of the family who are under the age of 18, you must include in your petition your proposal as to their custody and access. If you wish to apply for ancillary relief such as maintenance, transfer of property, division of matrimonial assets, etc., you should also pray so in your petition.
Please be noted that unless the court allows otherwise, you can start a petition for divorce only if you have been married for at least 1 year.
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S. W. Wong & Associates
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