Divorce

1. How soon after the marriage can I commence divorce proceedings?

Unless the Court allows otherwise, you can only commence divorce proceedings if you have been married for at least one year.

2. How do I start the divorce proceedings and how long does it take for me to get a divorce?

To commence divorce proceedings, you have to file a petition for divorce or file a joint application with your spouse with the Family Court Registry. 

If the petition is undefended, meaning there is no dispute as to the reason for the divorce, you can then apply for a Decree Nisi.

Six weeks after the Decree Nisi is granted, you can apply for it to be made absolute, i.e. Decree Absolute.

If you and your spouse agree on the divorce suit, children’s arrangements and financial arrangements (the three elements to be resolved in a divorce), it will normally take about 7-8 months to get the final divorce order (Decree Absolute.)

Depending on the number of disputed issues in a particular case, contested divorce proceedings can take over a year or more.

3. What are the grounds for divorce in Hong Kong?

The Court needs to be satisfied the marriage has broken down irretrievably and you can rely on one of the following five facts to apply for a divorce:

  • Adultery;
  • Unreasonable behaviour;
  • One year separation with consent of your spouse;
  • Two years’ separation without consent of your spouse; or
  • Desertion by your spouse for at least a continuous period of one year.

4. Can I get a divorce in Hong Kong even though I did not get married here?

You can apply for divorce in Hong Kong provided your marriage is valid in the country where it took place and one of the following conditions is satisfied:-

  • Either of the parties to the marriage was domiciled in Hong Kong on the date of the petition or application (Domicile means a place where you live and have the intention to permanently stay);
  • Either of the parties to the marriage was habitually resident in Hong Kong throughout the period of three years immediately preceding the date of the petition or application; or
  • Either of the parties to the marriage had a substantial connection with Hong Kong on the date of the petition or application.

5. My spouse and I have separated, but we are still living in the same home. Can we still get a divorce based on separation?

Yes, it is possible for you to file for divorce based on separation as long as the living arrangements between you and your spouse are explained to the Court and the Court is satisfied you and your spouse are living as two separate households even though the two of you are still living under the same roof.