Divorce

1.) What are the requirements for divorce in Hong Kong?

Under Section 11A of the Matrimonial Causes Ordinance (Cap. 179), a divorce petition must establish one of the following grounds: — The marriage has broken down irretrievably (evidenced by 1 year continuous separation with consent or 2 years continuous separation without consent); — The respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with them ("unreasonable behavior"); — The respondent has committed adultery and the petitioner finds it intolerable to live together; — The respondent has deserted the petitioner for at least 1 year.

2.) How long does the divorce process take?

For uncontested cases: typically 6-12 months from petition to final decree (including the mandatory 6-week period between decree nisi and decree absolute). Contested cases involving financial/property matters or child custody may take 1-3 years or longer.

3.) Is there any age restriction for marriage in Hong Kong?

The legal minimum age for marriage is 16. If either party is between 16 and 21 (and not a widow or widower), written consent from a parent or guardian is required.

4.) How is spousal maintenance calculated in a Hong Kong divorce?

The court considers factors such as each party’s income, property, financial needs, duration of marriage, age, health, contributions to the family, and any loss of benefits due to divorce.

5.) Can you get divorced immediately after getting married?

Divorce applications must be submitted at least one year after marriage, unless the court grants an exception.

6.) Can I get divorced in Hong Kong if I got married overseas?

Yes, but one of the following must apply: either party is domiciled in Hong Kong, has been habitually resident in Hong Kong for the past 3 years, or has a substantial connection with Hong Kong.

7.) How is child custody determined?

The court prioritizes the "child's best interests," considering the child's wishes, parents' caregiving abilities and financial circumstances, and stability of living arrangements. Joint custody is common, but residence is usually granted to one parent.

8.)Is it possible to apply for divorce unilaterally?

Yes. If statutory conditions are met (such as 2 years’ separation, unreasonable behavior, adultery, or desertion), a person can file for divorce unilaterally.

9.) Can couples still claim separation as grounds for divorce if they continue to live together?

Yes. "Separation" includes living under the same roof but leading separate lives. Courts consider sleeping arrangements, daily interactions, and whether conjugal relations have ceased.

10.) Can I remarry after divorce?

You must wait until the court issues an "Absolute Decree of Divorce" before remarrying; otherwise, it may constitute bigamy.