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What are the requirements for divorce in Hong Kong?

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Suhel Rana
What are the requirements for divorce in Hong Kong?

Hong Kong is a city of over 7 million people located in Southeastern China. Like many other countries and territories around the world, Hong Kong has specific laws and requirements that must be met in order to obtain a divorce. In this article, we'll explore what those requirements are and what you need to know if you're considering getting a divorce in Hong Kong.


Grounds for Divorce

The first step to getting a divorce in Hong Kong is to establish a valid reason for divorce. Under Hong Kong law, there are only two valid grounds for divorce: (1) that the marriage has irretrievably broken down, and (2) that there is a legal separation between the parties for at least one year. Check out https://sunmood.com.hk/ for more information


Irretrievable Breakdown of Marriage

In order to prove that a marriage has irretrievably broken down, the petitioner must establish one of the following five facts:


  • The respondent has committed adultery
  • The respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with them
  • The respondent has deserted the petitioner for at least two years
  • The parties have lived apart for at least two years and both parties consent to a divorce
  • The parties have lived apart for at least five years

Legal Separation

If the parties have been living apart for at least one year, they can obtain a divorce in Hong Kong without having to prove that the marriage has irretrievably broken down. However, the parties must be able to establish that they have been living apart for the full 12 months, and they must also be able to provide evidence of this, such as lease agreements or utility bills.


Jurisdictional Requirements

In order to file for divorce in Hong Kong, the petitioner must be able to demonstrate that they meet the jurisdictional requirements. This means that either the petitioner or the respondent must be domiciled in Hong Kong, or have been ordinarily resident in Hong Kong for at least three years immediately preceding the divorce petition.


Legal Process

The legal process for obtaining a divorce in Hong Kong is relatively straightforward. The petitioner files a divorce petition with the court, and the respondent is given a period of time to respond to the petition. If the respondent agrees to the divorce, the parties can then work out the details of their separation, such as property division and child custody arrangements. If the respondent does not agree to the divorce, the matter will proceed to a court hearing where a judge will make a final decision.


In conclusion, obtaining a divorce in Hong Kong requires a valid reason for divorce, such as irretrievable breakdown of marriage or legal separation, meeting jurisdictional requirements, and following the legal process. It's important to seek the advice of a lawyer if you're considering getting a divorce in Hong Kong, as they can help guide you through the process and ensure that your rights are protected.

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