1. Who Can Apply for a Divorce in Hong Kong?
Under the Matrimonial Causes Ordinance (Cap. 179), you may file for divorce in Hong Kong if any one of the following applies:
- You or your spouse is domiciled in Hong Kong at the time of filing; or
- You or your spouse has been habitually resident in Hong Kong for at least 3 years immediately before filing; or
- You or your spouse has a substantial connection with Hong Kong.
This means you do not need to be a permanent resident, but you must show a genuine legal and personal link to Hong Kong.
2. Grounds for Divorce – Proving Irretrievable Breakdown
Hong Kong only recognises one legal ground for divorce:
The marriage has irretrievably broken down.
To prove this, you must show one of the five statutory facts:
- Adultery – Your spouse committed adultery, and you find it intolerable to live with them.
- Unreasonable behaviour – Your spouse behaved in such a way that you cannot reasonably be expected to live together.
- Desertion – Your spouse deserted you for at least 1 year.
- Separation for 1 year with consent – Both parties agree to divorce.
- Separation for 2 years without consent – No agreement required.
3. Hong Kong Divorce Procedure – Step-by-Step
Step 1: File the Divorce Petition / Joint Application
You begin by filing either:
- A petition (if filing alone), or
- A joint application (if both agree)
with the Family Court at the District Court.
Step 2: Serve the Petition
If filing alone, the petition must be formally served on your spouse.
For joint applications, service is not required.
Step 3: First Hearing & Decree Nisi
The court examines whether the grounds for divorce are proven.
If satisfied, it grants a Decree Nisi — a provisional divorce order.
Step 4: Cooling-Off Period (6 Weeks)
The Decree Nisi becomes final only after 6 weeks, allowing time to resolve:
- Child custody and access
- Spousal or child maintenance
- Division of assets
- Any formal objections
Step 5: Decree Absolute
Once the Decree Absolute is issued, the marriage is legally dissolved.
4. Children, Finances, and Property Arrangements
The Family Court may issue orders relating to:
Child-Related Matters
- Custody
- Care and control
- Access arrangements
- Child maintenance
Financial Matters
- Spousal maintenance
- Division of matrimonial property
- Distribution of assets such as homes, MPF, savings, or investments
If you and your spouse can reach agreement, the process becomes significantly faster and less costly.
5. How Long Does a Divorce Take in Hong Kong?
- Uncontested divorce: Approximately 4–6 months
- Contested cases: Can take a year or more, especially if there are disputes about children or assets
6. Common Mistakes to Avoid
- Filing without meeting the jurisdiction requirements
- Using a ground that you cannot prove
- Failing to provide full and honest financial disclosure
- Overlooking implications for immigration status (especially for non-permanent residents)
- Not resolving child or financial arrangements early
Final Thoughts
Understanding how to apply for a divorce in Hong Kong can make a difficult process more manageable. Whether the divorce is straightforward or involves disputes over children or assets, knowing the legal steps helps you prepare and avoid costly delays.
Disclaimer: The above content is for reference only and does not constitute legal advice. If you need professional help, Ask.Legal can match you with qualified Hong Kong family lawyers.
Contact us for lawyer referrals: https://ask.legal/contact-us
