How To Prepare For Family Court In Hong Kong

Category Archives: Representation

How To Prepare For Family Court In Hong Kong

After filing for a Divorce in Hong Kong, you will be required to attend the Family Court once the court sets down a hearing, whether it be for a First Appointment (a hearing where the court will be given an update on your case and where a judge give directions to move your case forward) or a more substantive hearing with respect to an application filed by yourself or your ex.

With that in mind, many people ask what they should expect and how to prepare for a Family Court hearing.  Here are some tips ahead of your court hearing:

  • Where Is The Family Court Located? The Family Court is located in the Wanchai Law Courts at Wanchai Tower, 12 Harbour Road.  Prior to attending the court, make sure you know the exact courtroom that you are required to attend and ensure you provide for sufficient time so that you are not late for your hearing.  There is a sitting area available at the courthouse whilst you wait for your hearing to begin.  However, if you need to have discussions with your solicitor prior to the hearing, plan ahead and go early so you can reserve a conference room pending the commencement of your hearing.  The waiting time before your hearing begins could be long so be sure that you have sufficient childcare and/or have informed your employer that you will be away for at least a few hours for your hearing.

  • What Should You Wear? This is a frequently asked question and should not be ignored.  When you attend a hearing, you will be in front of a District Court judge and it is imperative that you appear presentable.  Whilst you are not required to wear a suit and/or tie, it is recommended that you are dressed in smart and respectful attire.

  • How Should You Prepare? If you are represented by a solicitor, it will be best for you to have a discussion with your solicitor prior to the hearing.  Your solicitor can provide you with a rundown as to what to expect and how the hearing will proceed.  Generally speaking, you will not be required to speak directly to the judge if you are represented by a solicitor.  However, there may be occasions when a judge will ask you a question directly in court so you should be ready to speak if necessary.  If you are attending the court for a more substantive hearing and/or trial and are required to provide testimony, be sure to spend a few hours with your solicitor in advance so that you can be prepared to give oral testimony which your solicitor can assist you with.  If there is something you wish the judge to know about your case, speak to your solicitor and ensure that he/she understands what points you want addressed at the hearing (because your solicitor and/or barrister will be the one to present your case to the judge and they will speak on your behalf).  If you are representing yourself, be sure to prepare by jotting down on paper, the key points you wish to get across to the court so that when you do present yourself before the judge, your points are clear and concise.  Focus on getting the facts across to the judge rather than using it as an opportunity to complain to the judge about your ex.

Finally, try not to be nervous.  This is an opportunity for you to be heard at the hearing and if you are represented, trusted that you are in good hands, with a solicitor who is advocating on your behalf.

Mental Health and Divorce

It is not uncommon for many individuals to equate divorce to a death in the family.  A plethora of emotions are not uncommon and can range from feelings of freedom, happiness, remorse, sadness and guilt along with a dash of bitterness, resentment and frustration.  A divorce becomes exceptionally difficult when individuals are engaged in long, drawn-out court battles on key issues such as children, assets and ancillary relief.

In this article, we focus on the importance of enlisting the help of mental health professionals when you are going through a divorce.  It is a key way to help you heal and move forward in your life.  Mental health professionals can help you process the range of emotions you may experience during the divorce process and provide you with helpful tools to resolve issues you may be dealing with in this divorce journey.

In a time when mental health awareness is being highlighted in media and self-care is becoming a priority, there should be no shame in seeking help when it is needed to get you to a better place emotionally and spiritually.

  1. Types of Mental Health Professionals:  Before we dive into the benefits of enlisting the assistance of mental health professionals in divorce, let’s look at the types of mental health experts available to you in divorce. One mental health expert may be a therapist/psychologist. A therapist/psychologist can assist you in managing the stresses of divorce, including your expectations of the outcome. A therapist/psychologist can also help you develop new interpersonal skills that are valuable in creating healthier relationships whether it be with your spouse or your children during and after the divorce process. The interpersonal skills and tools you may learn through therapy is especially helpful if you have children and there is a need to co-parent with your ex-spouse.  If you do not have the means to hire a therapist/psychologist, there are many mental health services available such as St. John’s Cathedral Counselling Service or The Samaritans in Hong Kong which can provide emotional support and counseling services for those in distress free of charge.  Another mental health professional you may consider is a mediator who can assist you and your spouse negotiate a mutual agreement with respect to custody and access.   This is an ideal option if you and your spouse are on amicable terms and you both believe a compromise is feasible through open dialogue and communication.  To enlist a mediator to assist in custody and access issues is beneficial especially if you and your spouse agree that you do not wish to involve the court in resolving your custody and access issues.   Another option is a parenting coordinator, who can assist you and your spouse resolve minor issues such as holiday pickup arrangements and communication disputes.
  2. Benefits Of Hiring A Mental Health Professional In Divorce:  What are the benefits in hiring a mental health professional? Calming emotions, clarifying expectations and helping discuss difficult issues are just some of the essential benefits obtained through the assistance of a mental health professional. Before deciding on a mental health professional, do your due diligence and conduct your own research before you entrust the personal details of your life to a professional. Your solicitor can be a helpful resource in providing you with a list of reputable and highly trained experts in the very area in which you seek assistance. There are many healthcare professionals in Hong Kong who have dealt with divorcing couples and can provide you and your family with helpful tools on how to navigate these difficult waters.
  3. When Should A Mental Health Professional Be Employed In Your Divorce?  Deciding on whether to enlist the help of a mental health professional is a personal decision. Consider therapy if you believe it can offer support and assistance in your own personal growth journey. Consider therapy if you are struggling with mental illness, which may be triggered or exacerbated by the circumstances surrounding your divorce. Talk to your solicitor to determine if a mediator is needed to resolve disputed children’s issues in your divorce. Your solicitor may have insight as to whether these third-party experts will be helpful to your case. You and your spouse may even consider enlisting the help of these trained mental health professionals for your children, especially if they are struggling with the “new normal” of the family dynamics.  However, when doing so, make sure that the children are amenable to the idea as it truly is up to a child on whether he or she wants to attend therapy.  Respect your child’s privacy if he or she chooses to attend therapy to resolve issues related to the divorce and remember not to use it as a weapon against the other spouse in your divorce.
  4. Consider Other Forms Of Mental Health Support: Finally, mental health support does not need to be limited to therapy. Consider mediation, yoga or other forms of physical exercise to boost your mood, mind, confidence and self-esteem. A healthy lifestyle, hobbies, journal practice and gratitude and appreciation lists are also helpful ways to boost your mood and confidence.  Change is difficult to adapt to, but be hopeful in that change is good and there are better things ahead.

Your solicitor is available to support you through the divorce process and can provide you not only with legal assistance but emotional support as well.  Do not be afraid to ask for help when you need it.  There is no shame in asking for help to bring your mental state to a better place.

Choosing The Right Lawyer To Represent You

How To Look For The Right Lawyer To Represent You In Divorce Proceedings?

When you decide that your relationship is no longer working and a divorce is the right course to take, the first question that arises is “Do I need a lawyer” and “How do I look for the right lawyer to represent me?” Choosing the right lawyer is essential, so it is crucial that proper consideration is given on whether a lawyer is needed and if so, who to choose! Some will decide that they can handle the divorce process by themselves, others will hire a lawyer to assist with mediation and/or divorce proceedings.

There are many options. When considering who to choose as your lawyer, you should consider the following:

Do Research:  Ask your family and/or friends to see if they have any lawyer contacts who they trust and can recommend. You may also go online to the Hong Kong Law Society’s Website for a list of law firms that practice matrimonial law. You might want to narrow your options down to a couple of law firms to choose from and have a look online to see if there are any reviews or articles written on the firm or the lawyer to give you feedback on their quality or capabilities.

Ask Questions: It is important to ask questions and don’t be shy in asking them. The kind of questions you should be asking your potential lawyer are “What type of matrimonial cases have you worked on?”, “Have you worked on divorce cases before?”, “What approach should we take in our case?” “Do you have any associates or trainee solicitors to assist you with the work or should I expect the work to be done mainly by you?” It is important to ask these questions in your initial meeting because it will help you see if the personalities are a match to work together. The last thing you want is to fight with your lawyer as well as your spouse in a lengthy divorce, and the lawyer that you choose should be someone that you feel you can confidently trust to handle your case in the best way possible.

Fees: There are some matrimonial law firms that charge on an hourly basis and others may charge on a fixed fee basis. The fee structure of a firm do not necessarily reflect the quality of their legal advice; different firms can have different charging policies. Fees may become a concern if your divorce is contested and/or involves complicated legal issues. Thus, it is important to be aware of the range of costs that you are obliged to pay and if it is feasible for you. Usually, the initial retainer fees will only get you so far in a divorce and you will be required to pay additional charges going forward.

Consider Alternative Representation:  Lastly, there is the possibility that you may wish to change your legal representation partway through your divorce proceedings. This could be for a number of reasons. Perhaps you may prefer to use someone else as you feel you could get more value for money or you feel more comfortable working with them. It is not unusual to change your lawyer in a divorce, so don’t shy away from doing so. You may be hesitant to change your lawyer as you have spent so much time and money on them, but you will more likely to save more money and be able to get the results you wanted with the lawyer that you want to work with, rather than continuing with representation who you may have lost faith in, or whom you no longer wish to represent you.

You may feel that choosing the right lawyer is already such a difficult task, not to say that divorce proceedings haven’t even started yet. This article is intended to be a guide for you to make the decision. Ultimately, you should use the lawyer with whom you feel most comfortable working with and we would be more than happy to recommend a list of qualified matrimonial lawyers in Hong Kong. Please email us at info@hongkongdivorce.com.