-- Please select --
I. General description of the legal consequences of divorce
II. Resolution methods other than divorce
Apart from going to the Court to apply for a divorce, are there any other channels through which unhappy spouses can settle their differences? What are the differences between these other channels and divorce proceedings?
What are the advantages of Family Mediation?
Are there any formal organizations or voluntary agencies that provide family mediation services to couples before or after divorce?
Pre-conditions for divorce
What can I do if I cannot afford to retain a lawyer to represent me in divorce or matrimonial proceedings?
Can I get a divorce in Hong Kong? What conditions do I need to comply with?
Shall I choose to apply for divorce in Hong Kong?
Other than the marriages registered under the Marriage Ordinance in Hong Kong, what other types of marriages are recognized by Hong Kong law? Can a couple whose marriage is registered in a foreign country, or a couple married through traditional Chinese customs, or a non-registered couple apply for divorce in Hong Kong?
Will a concubine and the relevant children be legally recognized? Can they be parties in divorce proceedings?
Procedures and grounds for divorce
What are the grounds for divorce? Must I explain why I want a divorce?
How do I apply for divorce? (with a brief summary of the relevant procedures)
When will the divorce proceedings be completed? How long will it take before I can marry again?
Matters affecting children
What factors will be considered by the Court in awarding custody of a child to either or both parties?
My wife wants to apply for divorce and she plans to take our only daughter out of Hong Kong during the waiting period. Can I stop her?
My wife refuses to see me and let me know where our daughter is, what should I do? How can I prevent my spouse from snatching our child?
Can one parent take a child out of Hong Kong upon the grant of a custody order?
My daughter has been living with my husband since I separated from him two years ago. How likely is that I will be granted custody of my daughter if I apply for a divorce now?
How is a child's maintenance (financial support) determined?
What factors will the Court consider in assessing the provision of child maintenance?
How would the Court deal with or divide the matrimonial properties between the husband & wife upon divorce?
What factors will the Court consider in assessing the kind and the amount of maintenance (or alimony) to be made for a spouse?
Can husband obtain maintenance from wife?
What kind of maintenance order (or financially related order) is the Court empowered to make?
What is “nominal maintenance”? Should I apply for such maintenance from my spouse in divorce proceedings?
If there is a change of financial status for a spouse, will the maintenance order be subsequently adjusted or varied by the Court?
If I got a large sum of money after the divorce (e.g. winning lottery or inherit a fortune from family), do I have to share with my ex-spouse from the maintenance?
What can the wife/husband do if the other party refused or failed to make maintenance payment?
IV. Protection for victims of domestic violence
V. Case illustration
B. Procedures and grounds for divorce
Divorce and matrimonial proceedings are generally heard in
section of the District Court before a District Court
judge and proceedings for divorce must be instituted either by a petition for divorce or by an application for divorce. Family Court
If it becomes clear that a case raises a difficult point of
law or involves assets of considerable value then either party can apply
to transfer the case to the High Court. A High Court judge is more experienced
and therefore better qualified to deal with complicated cases.
Certain matters must be commenced in the High Court, such as
application for wardship (i.e. The custody of the child is given to the
Court. More details of wardship are discussed in the
ensuing Q&A ).
What are the grounds for divorce? Must I explain why I want
How do I apply for divorce? (with a brief summary of the relevant
When will the divorce proceedings be completed? How long
will it take before I can marry again? Top