A divorce is never a pleasant process to experience. When one or both people in the partnership decide that it is right to move on from the relationship, then going through this legal process is necessary. In Hong Kong, there are key procedures to undertake, and when you have a general idea of how to go about it, it will make the divorce process much easier. Our guide to divorce in Hong Kong shares the accepted grounds for divorce, family and financial consideration, the process, and even recommended lawyers to help you. This will allow you to navigate this difficult time with more clarity and comfort with the knowledge of what to do.
More Guides Related To Divorce And Marriage Therapy In Hong Kong:
To file for divorce in Hong Kong, there are certain legal grounds that need to be met in order to prove that there is a reasonable cause for divorce. The courts are looking to accept that there has been a breakdown in the marriage that is irretrievable. The Hong Kong courts generally accept the following causes as grounds for divorce:
What about residency?
What about in cases where you are married less than a year?
What will you need to file?
If you and your spouse have children together, it’s vital to understand how custody, maintenance, childcare, relocation, and other circumstances work in Hong Kong.
Custody can be sole or joint (joint custody is encouraged where there are siblings). Visitation rights and childcare needs to be outlined. Child maintenance (financial support) must also be determined by the parents mutually, or by the court’s decision in the case of disagreements.
In the case of custody, the courts consider the following:
If parents cannot agree on custody terms, the Director of Social Welfare will give recommendations based on a social worker’s report.
Hong Kong is a part of The Hague Convention on the Civil Aspects of International Child Abduction, which means that civil procedures are put in place for a child that's taken without the consent of the other spouse. This is for children under 16 years of age that is considered habitual resident of Hong Kong.
One of the biggest (and often most challenging) aspects of a divorce is the financial agreement. In Hong Kong, there is even more complexity because courts even have the power to call for the parties to disburse assets that are held overseas, in some cases. The courts take into account the following information when making their decision on financial arrangements:
This will contribute to the courts deciding to issue orders for lump-sum payments, maintenance payments, secured/unsecured periodic payments, and any sale/settlement/transfers of property.
Both parties must exchange and file financial statements disclosing relevant information in thecae 28 days after they appear in court. In the case that one spouse is denying financial claims and concealing assets, an application can be made to the Hong Kong Matrimonial Proceedings and Property Ordinance.
When you have an experienced divorce lawyer to handle the process, these steps are taken care of. All you need to do is provide the information when requested, be present for the negotiations, and show up to the meetings and court procedures, where needed.
There are many fantastic divorce lawyers in Hong Kong who handle high-profile and complex cases.