It is important to consider pragmatically whether or not Hong Kong is the best place to start divorce proceedings. Given that it is an international financial center, it is customary for Hong Kong wedding parties to maintain close ties with the emigrant country. In countries where custody of children is taken into account in divorce, financial matters can be enormous, and there can be significant differences in these matters.
It is important to remember that divorce judgments issued by the courts in Hong Kong, while recognized in many countries, are not recognized everywhere, which may affect the ultimate enforceability of the court’s order in Hong Kong. The parties are competing for the first divorce decree in the forum of the country in which it is issued and are empowered to deal with the crucial secondary issues of finances, custody and access to children. You can submit a divorce application directly to your spouse, provided both parties agree and are happy to submit an application.
The fact is that many divorce cases raise complex questions about children and the division of marital assets. Divorce in Hong Kong can take between four and six months, provided both spouses agree to the terms and do not cause further complications during the proceedings. It is sad, but it is true that proceedings can take years. There are other methods of resolving disputes, and divorce lawyers are able to advise and assist clients in resolving disputes in this other way.
The 離婚手續 in Hong Kong is a five-step process. Divorce in the city can take between four and six months, but the parties who agree on the terms make the process no less complicated. There are 3-4 months to obtain a decree, nisi or provisional divorce order, and another 1-2 months to wait for the court’s final order.
A party must be resident in Hong Kong at the time of filing for divorce and must be habitually resident at least three years prior to filing for divorce. A party must also have a substantial connection to Hong Kong during the divorce before and after the application. Our Hong Kong Divorce Lawyers can help you verify that you meet these requirements and that you are no longer resident in the city, or that the couple was separated before the divorce began, or that they are foreigners.
In the case of customary Chinese marriage, a concubine taken before October 7, 1971, is recognized as a concubine and the child is considered legitimate. After October 7, 1971, a man in Hong Kong can legally take a concubine. If the parties belong to the two types of marriage, divorce can be applied for, and maintenance and financial support if necessary.
In general, pre-marital agreements are not legally binding in Hong Kong. However, they are becoming increasingly common, and foreign couples are receiving them in foreign jurisdictions. Although they are not binding on Hong Kong courts, the Family Court can take into account the terms of the agreement when deciding on the divorce.
We recommend that you contact one of our lawyers who specialize in divorce cases for specific situations where the assistance of a divorce lawyer in Hong Kong is important. This is the case if the spouses do not agree to a divorce or if the parties cannot reach an agreement on financial matters or matters affecting the children. Please note that the period indicated by Hong Kong legal practice may vary from case to case.
Depending on the country, we can assist you in enforcing your spousal maintenance order under the Hague Convention. Gary J. Gottfried & Co. LPA, a Hong Kong divorce lawyer, advises clients in Hong Kong on international divorce and family law. We understand visa regulations and immigration laws and can provide you with sound legal advice. If you need legal assistance in international divorces in Hong Kong, please contact our law firm.
There is a perception that there is a general stereotype that family courts in Hong Kong are reserved for women (mothers) and men (fathers), but this is only a perception. The family courts in Hong Kong consider various factors to be taken into account when dealing with custody, care, control and access issues, and the outcome depends on the circumstances of the specific case. Conflicts with the children can lead to the Family Court ordering social reports and issuing orders relating to the children, which can be burdensome not only for you and your ex-spouse, but also for the children. Litigation with children can also be expensive.
Apart from the legal divorce rights, you must also be aware that you should be aware of the financial implications of a divorce. The Divorce Court in Hong Kong may order your assets to be paid out abroad. Costs vary depending on the situation, but the average amount is between HK $15,000 and HK $20,000. In addition to the costs, you should also consider the fact that a divorce can make a dent in your financial life as an individual or a couple.
