Family Law

Overview

Do you need to know about divorce proceedings?

If your marriage has come to an end you may be thinking about getting a divorce. You are in an exceptional circumstance, you cannot petition or apply for a divorce until you have been married for at least 1 year. A marriage can be brought to an end either by a divorce petition presented to the court by one party or a joint application by the parties.

A petition can be brought on behavioural grounds i.e. where there has been adultery or unreasonable behaviour or when the parties have separated or one party has deserted the other. In these cases, the period of separation or desertion must be at least 1 year before a divorce case can commence.

You will also need to show that proper arrangements have been made for any children of the family under the age of eighteen.

A divorce legally brings your marriage to an end. Until the court makes a final decree of divorce (decree absolute), you are not free to remarry.

It may be a good idea to discuss the question of obtaining a divorce with your spouse. If he or she agrees that you should be divorced, you should consider making a joint application. The benefit of a joint application is that both you and your spouse would agree that the marriage should come to an end.

You may want to consult one of our experienced solicitors about divorce issues to ensure that any matter proceeds as quickly as possible and any legal costs are kept to a minimum.

These days, a marriage can be dissolved amicably without contesting matters in court. Hong Kong has a system that allows parties to resolve their disputes over custody and access of children and regarding maintenance and property issues by attending agreed and voluntary mediation. We can refer you to a suitable mediator who can help you and your spouse resolve these issues. The mediator's decision can subsequently be made into a binding court order.

Our services:

• We are Legal Aid panel appointed solicitors and can assist you with your Legal Aid application
• We give advice on all aspects of family law including financial matters, property issues and settlements, custody and access of children
• We can help you obtain injunctions such as non-molestation and ouster
• Our solicitors are advocates in the Family Court
• We can refer you to suitable mediators should you choose to mediate

For further information, please contact:

• Mr. Junius K. Y. Ho
• Ms. Angela K. W. Wong
• Ms. Betty M. S. Lo
• Mr. Gary C. K. Sin