Most Popular Q&As

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A1:

In Hong Kong, children issues are broken down into three areas:  (1) custody (2) care and control and (3) access. Custody:  In Hong Kong, you will either be granted “sole” custody over the children or share “joint” custody with the other parent.  Generally speaking however, whether you receive sole or joint custody makes little difference Read More

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A2:

This is a common question as there are many expatriates living in Hong Kong who wish to divorce in Hong Kong.  As long as you were validly married in another country and can provide a Marriage Certificate, then you can apply for divorce in Hong Kong. Before doing so, you may want to consult with Read More

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A3:

Not necessarily.  This is simply a stereotype. The Hong Kong Family Court will look at various factors and will weigh all factors before making a decision when it comes to children.  Each case is different and specific to each matter.

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A4:

The Hong Kong Family Court will determine your ability to receive or pay spousal support (or “maintenance” as it’s called in Hong Kong) after weighing the following factors: Income, earning capacity, property and financial resources now and in the foreseeable future Financial needs, obligations and responsibilities Standard of living enjoyed by the family prior to Read More

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A5:

To commence divorce proceedings in Hong Kong, you need to issue an Application for Divorce or a Petition for Divorce. A Petition for Divorce lists the grounds upon which you are filing for Divorce.  Once the Petition for Divorce is filed, the Petition is served upon your spouse. The Family Court will deal with your Read More

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A6:

The parent with care and control is entitled to seek financial support for the children.  In determining child maintenance, the Family Court will look at all circumstances including but not limited to the following: Financial needs of the children Standard of living enjoyed by the family Physical and mental disability of the children Manner in Read More

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A7:

No, same-sex marriages are not recognized under Hong Kong law. Only heterosexual marriages are valid in Hong Kong meaning one party is male and the other party is female.

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A8:

It depends.  In Hong Kong, you can file for divorce under the following grounds: Adultery Unreasonable Behaviour One Year Separation with consent of the other party Two Year Separation without consent Desertion by your spouse for at least a period of one year Joint Application

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A9:

In Hong Kong, overseas surrogacy agreements are not enforceable and Hong Kong commercial surrogacy agreements are illegal. As this is a very new and developing area of law in Hong Kong, you should consult with a qualified professional who is familiar with the laws of Hong Kong to ensure that no illegal activity is committed.

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A10:

Mediation is when you and your spouse agree to meet with a professionally trained mediator.  The mediator will help facilitate discussion between you and your spouse about key issues that need to be resolved.  A mediator is not a judge and cannot make orders, but a mediator will explain how the Hong Kong Family Court Read More

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A11:

Unmarried couples are not entitled to the same rights as married couples.  There is no such thing as a “common law” couple in Hong Kong. However, cohabitating couples may be protected under certain laws for example laws relating to domestic violence in relationships or laws related to children born out of wedlock.

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A12:

Yes, if you are not prepared to file for Divorce, then another option would be a Judicial Separation in Hong Kong. In Hong Kong, you can obtain a separation based on either (1) adultery or (2) behavior. But you must remember that if you are separated, you are not divorced so you cannot get remarried. Read More

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A13:

A postnuptial agreement is an agreement reached between you and your spouse during the marriage. The difference between a prenuptial agreement and a postnuptial agreement is when the agreement is prepared and signed.  A postnuptial agreement is an agreement reached during the marriage, while a prenuptial agreement is an agreement reached prior to a marriage. Read More

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A14:

A prenuptial agreement is an agreement reached between you and your future spouse prior to marriage.  Prenuptial agreements deal with financial issues, namely the division of property, maintenance for a spouse and other financial arrangements perhaps dealing with family businesses and trusts. Strictly speaking, prenuptial agreements are not binding in Hong Kong.  Even though prenuptial Read More

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A15:

In Hong Kong, assets are split 50/50 which is the starting point for a division of assets in a divorce.

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A16:

You may re-marry after a Decree Absolute is granted.  The timeline for the grant of a Decree Absolute varies and is dependent upon the resolution of the financial and children issues which must be approved by the Family Court.  To avoid an arduous and long drawn-out process, there is incentive for divorcing couples to mediate.

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