In Hong Kong, as in the UK, there is only one ground for divorce: That the marriage has broken down irretrievably. This can be based on the following factors:
- Unreasonable behaviour: A petitioner must prove that the respondent has acted in such a way that they cannot be “reasonably expected to live with the respondent”. The unreasonable behaviour referred to must have occurred in the previous six months to filing a petition.
- A year separation: Where the parties have lived apart for a year or more, and the respondent consents to a divorce there is no need to cite unreasonable behaviour.
- A two year separation: One side can file a petition alleging the separation and the agreement of the other spouse is not required. A joint petition can be filed too.
- Desertion: A petitioner can cite abandonment of the relationship by the respondent who has left the marriage intentionally without consent (and without any reasonable cause) for a year before filing the petition.
- Adultery: Simply having an adulterous affair is not sufficient to prove. It must also be shown that the petitioner now finds it impossible to live with the adulterer because of the affair. The third party will generally be cited in the petition which will involve a court case.
Most people select unreasonable behaviour as a reason to petition for divorce, citing “mild particulars” in the petition for example “lack of communication”, growing distance” between a couple.
Same Sex marriages
Gay marriages are not legally recognised in Hong Kong.
Mediation
Mediation is always a recommended option in order to reduce court costs.
Fathers’ rights in Hong Kong
In Hong Kong unmarried fathers do not have the same rights as unmarried mothers and they will need to apply to the courts to secure parental rights.
As well as dedicated offices around the world we have a sister company in Hong Kong to assist with all your expatriate divorce issues.
