How to file for divorce in Hong Kong?
Yinyu Law Firm uses the "Quick Divorce" service to solve many problems in the divorce process for clients as quickly as possible. It usually only takes about seven months to obtain the court's judgment order regarding the process details of some divorce procedures, such as child custody, unilateral divorce, property distribution and other divorce conditions, thus avoiding long-term issues with divorce procedures for clients. problems and solve customers’ troubles.
How to file for divorce in Hong Kong?
If the application for divorce is made unilaterally, the applicant must complete a "Divorce Petition" and submit it in person to the Family Court Registry. If the divorce application is filed by mutual consent, both parties should fill out a "Joint Application Form".
Do I need to state the reason for filing for divorce?
Every divorce application requires the reasons for the divorce, and based on the following circumstances, a divorce agreement, that is, a divorce petition, can be drafted.
The divorce applicant must prove to the court that one or more of the following circumstances have occurred:
- Both parties agree to divorce and live separately for one year or more.
- Unilateral divorce, both parties have been separated for two consecutive years or more
- Proof that spouse has committed adultery
- The spouse’s unreasonable behavior makes it impossible to live with the applicant anymore
- Abandoned by spouse for one consecutive year or more.
Grounds for divorce
The petitioner must present the grounds for divorce to the court and explain that the divorce has reached a point of no return.
Child custody
The court gives custody to the father or mother, which means the power to care for and supervise the children, and arranges the children's daily life and welfare after divorce.
Property distribution
Property allocation refers to the distribution of property or funds within a family's total asset portfolio, including stocks, bank deposits, savings life insurance policies or other properties.
Alimony
In addition to the actual assets owned at the time, or the economic income that will be obtained. The court will also consider the expenses and financial burdens of both parties to calculate the amount of alimony.
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Questions about divorce procedures?
No matter what divorce issues you have, feel free to call us to inquire about your divorce settlement. Our firm has 15 years of experience in handling different cases. Our team will fight for the best interests of our clients, try our best to provide the best consulting services for everyone, and strive for the best results.
Steps to apply for express divorce
Our bank will use "Quick Paper Application for Divorce Processing" (Quick Divorce) to obtain the divorce order as quickly as possible. The fastest way to divorce, because both parties agree to handle custody, alimony and other issues, the divorce procedure can be obtained in about 5 months before a temporary divorce order is obtained from the court. The fastest way to divorce if both parties agree is to allow the divorce applicant to finalize the divorce as soon as possible. case.
Divorce step 1
File a divorce petition (or joint petition)
The person applying will go to the Family Court to file a divorce application, or they can file it together. The person who serves the application is called the respondent, and can provide responses to subsequent applications.
When filing a divorce petition, you will need to fill out:
| Table 2 | Petition for Divorce (Form to be filled out based on your situation or grounds for divorce) |
| Form 2B | Statement on child arrangements (if applicable) |
| Form E | Financial statements (if applicable) |
| Form 3 | Notice of proceedings |
| Form 4 | Acknowledgment of document delivery (only need to fill in the case number and names of both parties, other items are to be filled in by the respondent) |
Divorce step 2
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.
Divorce step 3
Set court hearing date
When the divorce petition in the divorce process is delivered, you need to obtain the application form through the Family Court Registry, and then you need to arrange relevant instructions with the Registrar to schedule the divorce hearing. Your divorce petition or joint application for divorce needs to be scheduled for hearing according to the following categories:
| Case category table | cost |
| Special procedure case list | 630 yuan |
| Defense case form | 1,045 yuan |
Please note that before your divorce petition is notified that you have been heard, you must have the Registrar verify that your divorce petition has been successfully sent to the other party. There are two common types of proof that the divorce petition has reached the other respondent:
(i) The respondent has returned the completed "Form 4" to the court;
(ii) The sender files an affidavit before the court stating that the petition has been served on the respondent. In the case of a joint application, as long as the relevant documents are complete (no application is required to be served to the other party), the case can be scheduled for hearing.
The Registrar will decide the date, place and time of the hearing and will notify you and the parties.
Divorce step 4
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.
Step 5 of divorce
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...