What does “divorce” mean?
Divorce is the legal dissolution of a marriage. There is a provisional divorce decree (called the decree nisi) and the final divorce decree (called the decree absolute). Ancillary relief refers to the proceedings that deal with the financial issues that arise on divorce.
If I married overseas, or if I no longer live in Hong Kong, can I get divorced in Hong Kong?
For the Hong Kong Court to have the power to divorce couples either of the parties to the marriage must be domiciled in Hong Kong at the date of the divorce petition, or habitually resident in Hong Kong for the three years leading up to the petition, or have a substantial connection with Hong Kong at the date of the petition.
On what basis can I get divorced?
You must be married for at least one year before you are able to divorce.
In Hong Kong, the marriage must have broken down irretrievably for there to be a divorce. This is based on one of five facts: unreasonable behaviour, adultery, desertion, one year separation with consent or two years of separation without consent.
Can parties agree the divorce?
Hong Kong allows parties to apply for divorce as joint applicants where the ground for divorce is one year’s separation with consent. The parties must show the Court that they have lived apart for a continuous period of at least 1 year or they must have filed a notice with the Court at least one year before their application for divorce.
How long does a divorce take?
There is a minimum wait period of 6 weeks between the provisional divorce decree, and final divorce decree. The whole process takes about 6-8 months so long as financial matters and children matters have been agreed. If there are contested proceedings in respect of finances and children, the final divorce decree will be delayed until those matters have been resolved.
For further information, please contact:
Kelly Merris, Gall
kellymerris@gallhk.com
