Family, Matrimonial and Cohabitation
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A. Pre-conditions for divorce

If you want to petition for a divorce on your own account, basically you have to fill in a petition form and take it personally to the Family Court Registry, M2, Wanchai Law Courts, Wanchai Tower, 12 Harbour Road, Hong Kong.

If you and your spouse have agreed to apply jointly to the Court, you should fill in a joint application form together, and submit it as above.

Will I need a lawyer?

Probably yes. Submitting a petition or joint application for divorce puts legal proceedings in motion, so you will find it very helpful and safe to seek legal advice before any submission to the Court is made.

You will particularly need a lawyer in the following circumstances:

  • your spouse does not agree to a divorce;
  • neither of you can agree on the arrangements to be made for the children or on financial matters.

Each year, the Law Society of Hong Kong publishes a Directory of Hong Kong Law Firms which includes a list of firms handling matrimonial cases. This directory can be found and consulted in the Public Enquiry Service Centres of District Offices, public libraries, and at the office of the Law Society of Hong Kong.

  1. What can I do if I cannot afford to retain a lawyer to represent me in divorce or matrimonial proceedings?
  2. Can I get a divorce in Hong Kong? What conditions do I need to comply with?
  3. Shall I choose to apply for divorce in Hong Kong?
  4. 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?
  5. Will a concubine and the relevant children be legally recognized? Can they be parties in divorce proceedings?