Divorce in Hong Kong: The Five Must-Know you Must Know for Divorce
Hong Kong is a really international city in the sense that there are quite high proportion of overseas citizen living here working, study or just living as dependent. For those international citizen, when it comes to divorce in Hong Kong, there are some knowlege that you must know. Marriage in Hong Kong does not Mean […]

Hong Kong is a really international city in the sense that there are quite high proportion of overseas citizen living here working, study or just living as dependent. For those international citizen, when it comes to divorce in Hong Kong, there are some knowlege that you must know.

Marriage in Hong Kong does not Mean you can divorce in Hong Kong

There is no restriction for overseas citizen to marriage in Hong Kong, which mean people can register a marriage in Hong Kong even those they are not are Hong Kong citizens. However, after marriage in Hong Kong, when it comes to divorce, not every marriage can be divorced in Hong Kong, even though the marriage has been celibrated here in Hong Kong. Aocordingl to Hong Kong laws, those intend to divorce in Hong Kong need to meet one of the following conditions, i.e., at least one party is Hong Kong domiciled, or at least one parties has continuously lived in Hong Kong for not less that three years, or the marriage have other substantive connetion with Hong Kong. So pay attention, even you registered marriage in Hong Kong, you may not be able to divorce in Hong Kong. You nee consult a Hong Kong divorce lawyer before you commence your divorce proceeding in Hong Kong.

You need meet at least one of the five conditions for divorce in Hong Kong

For divorce in Hong Kong, you must prove to the Hong Kong family court that you meet at least one of the five conditions, i.e., the husband and wife have separated for at least one year and both agree to a divorce, or the couple have separated for at least 2 years, or the respondent party have adultery with third party, or the respondent party have unreasonable behavior, or the respondent party have deserted the claimant parties. Without proving one of the above conditions, the court will not grant you the divorce decree. Still, you need consult a professional Hong Kong divorce lawyer on whether you have met any one of the conditions.

Children's interest as paramount conisderation

If you have minor child when divorce is commenced, you must wonder how the Hong Kong court will decide on the custody and maintenance of the child. The Hong Kong divorce law on children issue is the Hong Kong family court will always put the children's interest as a paramoun consideration when deciding the issues of custody, daily care and control, acesss to children, maitenance of children. That means even if a party have better fiancial resource than the other parties, the court will no necessirily grant the custody or right of daily care and control of children to the wealthy party if it is not to best interest of the children. On other hand, for the financially disadvantageous party, usually the house wife, may have better chance to have custody, daily care and control of the children if she can prove the court that the such an arrangement would be to the best interest of the children.

Hunsband may need pay Maintenance to Wife after Divorce

As husband, you think you are dissolved of the obligation to support the wife after divorce? No. The court will try to make sure the wife can maintain a standard of living similar to that before divorce. If the wife is financially restricted and the husband is in a much better financial position, the court will not hesitate to order the husband to pay maintenance to the wife so that the wife can maintain a standard of living similar to that before the divorce. The maintenance may be a lump sum or a monthly payment. You do not know whether you will need pay maintenance or you can receive maintenance? Find a Hong Kong divorce lawyer to advise you please.

Assets division - Half-half division is possible but not always

For division of family assets upon divorce, half-half division is the pinciple in many jurisdictions. In Hong Kong divorce, the starting point is half-half division. However, it only applies to long marriage, for example, for those over twenty years. For those less that twenty years, usually this will be some adjustment, i.e., the weathier party pay to the finanancially disadvantageous party a certainly percentage of his assets, but it may not reach half-half ratio. The court will also condier much more factors, such as contribution to assets, whether assets has been obtained during marriange or before marriage, or been inherited from a party's family, etc. A Hong Kong family lawyer can give you advice on your interest upon divorce in Hong Kong.

In summary, you definitely need find a professional divorce lawyer in Hong Kong for your case when you are considering divorce in Hong Kong and before your actually commence any divorce proceedings in Hong Kong.

 

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