Embrace Change, Own Your Life｜Divorce Procedure Self-help Handbook

Catalog

• Front-word
• Jurisdiction in Divorce
• Divorce Procedures
• Divorce Q&A
• Legal Aid

• Jurisdiction in divorce in Hong Kong / Can I get a divorce in Hong Kong?

  One of the following conditions must be satisfied before an application or petition for divorce can be dealt with by a Hong Kong Court:

   

  1. either of the parties to the marriage was domiciled in Hong Kong on the date of the petition or application;
  2. either of the parties to the marriage was habitually resident in Hong Kong throughout a period of 3 years immediately preceding the date of the petition or application;
  3. either of the parties to the marriage had a "substantial connection" with Hong Kong on the date of the petition or application

   

  In general, no petition for divorce could be presented to a Hong Kong Court before the expiration of the period of 1 year from the date of the marriage.

• Proof of ground for petition/application for divorce

  In law, the Court shall hold the marriage to have broken down irretrievably if the applicant for divorce (i.e. the petitioner) satisfies the Court of one of the following facts:

   

  1. you and your spouse have lived apart for a continuous period of at least 1 year before filing the petition and that your spouse consent to a divorce;
  2. your spouse has committed adultery and you find it intolerable to live with the respondent (the spouse who is alleged to have been committed adultery shall be made the first respondent, the other person with whom adultery is alleged shall be made the second respondent.)
  3. your spouse has behaved in such a way that you cannot be reasonably expected to live with your spouse;
  4. you and your spouse have lived apart for a continuous period of at least 2 years immediately before filing the petition for divorce (in such a case your spouse's consent to a divorce is not required);
  5. your spouse has deserted you for a continuous period of at least 1 year immediately before filing the petition for divorce.

   

  If there are children of the family who are under the age of 18, you must include in your petition your proposal as to their custody and access. If you wish to apply for ancillary relief such as maintenance, transfer of property, division of matrimonial assets, etc., you should also pray so in your petition.