Divorce Alimony Calculation and Maintenance Orders
Divorce between China and Hong Kong
Due to the different legal systems of China and Hong Kong, there is currently no clear legalization of divorce cases between the two places. Therefore, lawsuits related to asset distribution, child custody and alimony often arise.
Five common types of divorce in China and Hong Kong
Under normal circumstances, according to Article 12 of the Matrimonial Causes Ordinance, two people can apply for divorce in court after at least 12 months after they get married. In other words, if two people have been married for less than twelve months, they are not eligible to apply to the court for divorce.
Different from the divorce procedures in Mainland China, there is no limit on the marriage date in the divorce procedures in Mainland China, and "get married today and go through the formalities tomorrow" may also happen. Hong Kong's regulations are actually based on respect for marriage and a serious attitude, and do not want two people to make the decision to divorce casually.
Both parties registered their marriage in the Mainland
There is no marriage certificate and no identification documents of the other party. The other party has disappeared, the two parties have no contact, and they do not even remember where in the country they registered the marriage.
The parties registered their marriage in Hong Kong
There is no marriage certificate, the other party has disappeared, and there is no contact between the two parties. I wish to apply for a unilateral divorce.
China and Hong Kong unilaterally agree to divorce
However, they had objections to child custody and the division of joint property between husband and wife, and could not reach an agreement.
Unilaterally firmly opposed to divorce
One of them insisted on not getting a divorce and has not cooperated with the divorce process.
The parties filed for divorce in a Hong Kong court
The two failed to distribute domestic savings, real estate and property when they applied for divorce. All domestic properties were also registered in the name of one of them, and the other party privately handled their property.
Specializing in divorce between China and Hong Kong
How to handle divorce procedures in China and Hong Kong (overseas divorce procedures)?
Hong Kong is an international metropolis where people from all over the world have settled here. It is also very common for Hong Kong citizens to marry foreigners, especially marriages between China and Hong Kong. Due to the cultural differences in life between China and Hong Kong, some Chinese and Hong Kong couples need to live in different places and the pressure of life in Hong Kong is high. As a result, divorce between China and Hong Kong is quite common in Hong Kong.
The divorce procedures for Hong Kong people and mainland Chinese people are more complicated than those for ordinary Hong Kong people. Because one of the couples may return to their original place of residence before the divorce and cannot contact the other party smoothly, it will take a longer time to process the agreement.
Send the petition to my spouse
The legal proceedings for divorce have now begun, with the “petitioner” being the initiator of the case and the “respondent” being the spouse in your marriage. When filing a petition, the petitioner should note that a copy of the divorce petition that needs to be stamped by the court must be served to the litigating party by a third party or by any postal method.
You cannot deliver the divorce petition to the respondent yourself out of convenience. The divorce petition must be sent to the other party by hand or by mail.
If the divorce petition cannot be delivered to the other respondent through a third party or by delivery, you can also publish the divorce petition in a newspaper with the approval of the court as a substituted service procedure.
Differences in real estate systems
Since mainland China has a community property system, as long as the property is purchased during the marriage, no matter which party of the couple finances the purchase, and no matter whose name is written on the property certificate, it is generally regarded as the community property of the husband and wife.
In the event of a divorce, the spouses will each receive half. However, Hong Kong’s Marriage and Family Law stipulates that real estate purchased in the name of one spouse and with one spouse’s personal money, whether before or after marriage, belongs to the original spouse or spouse alone, and the other spouse cannot share half of the property. . When judges deal with specific divorce property divisions, they usually consider the social and economic backgrounds of both spouses and the contribution of one spouse to the family, and then make a fair and reasonable distribution.
Decree nisi
If you have applied for a divorce petition but the other party does not submit a defense to the court within the specified time, your divorce petition will be placed in a special procedure case.
In daily situations, after the Registrar makes a trial direction, he will pay attention to the evidence you provide for divorce proceedings. If the Registrar believes that you have sufficient documentary evidence for your divorce petition or joint application, the Registrar will arrange for a supporting document to be filed again. You will also receive a copy of your divorce case explaining the terms that both parties have agreed to.
No one is required to attend the hearing. The court will safely issue a decree nisi (similar to a temporary decree) to dissolve the marriage.
Final decree of divorce
When the court issues a decree nisi after six periods, the initiator of the divorce application can use Form 5 or Form 5A to submit the completed "Notice of Application for Conversion of the Decree Temporarily into a Decree Absolute" to the court to facilitate the application for divorce. the final decree.
If there are children in the divorce, the court will not convert the decree nisi into a decree absolute unless it is satisfied with the arrangement of the children. A decree nisi cannot be made absolute until the arrangements for the children are announced by the court. If the Divorce Registrar is satisfied that all statutory requirements have been complied with, a Certificate of Decree Absolute will be issued to both parties. If you have any questions about divorce procedures, you should also contact our team to learn more.
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Our firm's one-stop divorce consulting service can properly handle all types of divorce cases while complying with legal details and catering to the needs of clients seeking help. If you are about to face and deal with divorce issues, here are some basic divorce laws and regulations:
Under normal circumstances, according to Article 12 of the Matrimonial Causes Ordinance, two people can apply to the court for divorce at least 12 months after they get married. In other words, if two people have been married for less than twelve years...
The content of the divorce agreement will generally include the personal information of the two people and the status of the marriage. For example, two people’s occupations, proof of residence, asset status, etc. If you have minor children, you need to clearly state that the children...
In order to obtain custody of their children, parents must first deal with whether the parents of the child have registered their marriage. If the child's biological father and mother are not legally married, once they separate, unless the woman gives up, the man will basically...
Divorce alimony, or alimony, refers to an agreement that one party must give the other party a certain amount of property after divorce. In the case of divorce by agreement, there is an obligation to pay only if there is an agreement. If there is no agreement, it cannot be done after the divorce...
The difference between the divorce procedures in Hong Kong and Mainland China is that there is no limit on the marriage date in the divorce procedures in Mainland China. "Get married today and go through the formalities tomorrow" may also happen. Hong Kong's regulations are actually based on respect and embrace of marriage...