3. My wife from mainland China gave birth to a child who is proved by the DNA test to be not my son. If I get divorced, do I still need to pay for the child's maintenance? Does she need to obtain Hong Kong permanent residency before we process the divorce?
If it is proved that you are not the father of the child, you may not be obliged to pay child maintenance. However, if the child has been treated by you and your wife as if he/she is part of your family all along, then it is likely that you would have to pay for child maintenance if your wife makes an application for it.
To apply for divorce in Hong Kong, you must show that the Hong Kong courts have jurisdiction to deal with your petition or joint application. Hong Kong courts will have the jurisdiction to deal with your divorce if either spouse at the date of the application:
- Is domiciled in Hong Kong, or
- Has been habitually resident in Hong Kong for the previous 3 years, or
- Has a substantial connection to Hong Kong.
If one of the three options above fit your situation, you can apply for divorce. It is not a requirement that your spouse becomes a Hong Kong citizen.