Hong Kong Divorce Procedures
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Divorce is a difficult decision that affects not only your and your spouse’s lives, but also your children, property, debts, and other legal issues. Therefore, before you decide to divorce, you need to understand the divorce process, precautions, and frequently asked questions so that you can make a wise choice and protect your rights.
Divorce procedures in Hong Kong generally take 6 months to 8 months (to complete the divorce decree absolute, you can remarry), and under the current epidemic situation, the time required for divorce procedures may also be extended.
To start divorce proceedings in Hong Kong, you must have been married for at least one year, otherwise the court will not accept it.
Divorce requires preparation. Understanding the divorce methods and starting the divorce application early will help both parties complete the divorce steps as soon as possible.
Welcome to contact our consultants to learn about the divorce agreement and divorce lawyer introduction.
If you are considering getting a divorce in Hong Kong, you need to understand the application process. First, you need to determine whether you qualify for the court’s jurisdiction for a divorce case. If you or your spouse are domiciled in Hong Kong on the date the petition or application is made, or have been habitually resident in Hong Kong for the entire 3-year period immediately before the date the petition or application is made, or have a close connection with Hong Kong on the date the petition or application is made Contact, then you are within the court’s jurisdiction for divorce cases.
Next, you need to determine if you meet the time requirements to file for divorce. Unless approved by the court, a divorce petition can only be filed after at least one year of marriage.
If you decide to file for divorce, you will need to fill out a “Divorce Petition” and submit it in person to the Family Court Registry. If you and your spouse agree to file for divorce in court jointly, you will need to complete a “joint application” and submit it in person to the Family Court Registry.
When you file a petition for divorce or a joint petition, you will need to state the reasons why you are filing for divorce. The petitioner must prove that he/she has reasons (or grounds) to believe that the marriage has come to an end, that is, what the court refers to as “the marriage has broken down irretrievably.” The court will accept one or more of the following grounds as proof: the spouse has committed adultery; the spouse has behaved in such a way that the petitioner cannot reasonably be expected to live with him/her; the petitioner and the spouse have separated before filing the divorce petition The petitioner and his spouse have lived separately for at least 1 consecutive year and the spouse agrees to the divorce; the petitioner and his spouse have lived separately for at least 2 consecutive years before filing the divorce petition; or the petitioner has been abandoned by his spouse for at least 1 consecutive year before filing the divorce petition.
If there are children in the family who are under the age of 18, the divorce petition must include recommendations for child custody and visitation arrangements. In addition, if you plan to apply for ancillary relief, such as alimony, transfer of property ownership, distribution of marital assets, etc., you should also file it in the divorce petition.
When going through a divorce, you may need to hire an attorney to assist you. If your spouse does not agree to the divorce, or the parties cannot agree on children or financial arrangements, then you will need the assistance of an attorney. Additionally, you can seek family mediation while you are proceeding with divorce proceedings. Family mediation is designed for couples who are separating or going through divorce. It aims to help them resolve their problems so that they can reach a mutually acceptable agreement regarding future children and financial arrangements.
The above is the basic procedure for divorce in Hong Kong. If you need more information, please contact us.
How can I get a divorce?
(Grounds/Conditions for Divorce)
To get divorced in Hong Kong, you need to:
A. Married for one year;
B. At least one spouse must be domiciled in Hong Kong (have a Hong Kong permanent resident identity card and have resided in Hong Kong for a long time).
And in summary, it must be explained to the court:
C. “The marriage has broken down irretrievably.”
According to Section 11A of the Matrimonial Causes Ordinance, Chapter 179, the petitioner must prove to the court that one or more of the following circumstances have occurred:
(1) Both parties agree to divorce and the parties live separately for one year or more.
(2) Unilateral divorce, the other party does not agree or respond, and the parties have been separated for two consecutive years or more
(3) If the spouse has committed adultery, there must be sufficient evidence
(4) The spouse’s unreasonable behavior makes it impossible for the petitioner to reasonably expect to live with him, and there must be sufficient evidence
(5) Abandoned by spouse for one consecutive year or more.
With the above information together, you can prepare to draft a divorce agreement, that is, a divorce petition, and use different divorce proceedings based on different grounds.
To ensure that the information is correct and speed up the process, please contact our professional consulting team.
Divorce Steps
1. Divorce Steps: What you need to know about preparation, submission, service, application and issuance
Divorce steps refer to a series of procedures and processes that need to be experienced from the time you or your spouse decides to end your marriage to the court issuing a divorce certificate confirming your divorce. In Hong Kong, the length of divorce steps will vary depending on you or your spouse’s reasons for divorce, method of divorce, divorce agreement, divorce disputes and other factors.
2. Preparation for divorce steps
In Hong Kong, preparation for divorce refers to the things you or your spouse need to do before filing a divorce petition with the court, such as:
– Confirm that you or your spouse have legitimate grounds for divorce, such as adultery, abuse, separation, irreconcilable differences, abandonment, etc., and prepare relevant evidence and witnesses, such as photos, recordings, letters, chat records, medical reports, police Reports, testimonies of relatives and friends, etc.
– Confirm that you or your spouse have a suitable divorce method, such as agreed divorce or uncontested divorce, and reach a consistent divorce agreement, such as child custody, visitation rights, living expenses, property distribution, alimony, etc., and proceed with the divorce The agreement is a written document signed and dated by both parents.
– Confirm that you or your spouse have professional divorce services, such as lawyers, mediators, counselors, etc., and seek their assistance and advice, such as helping you or your spouse prepare divorce petitions, solve divorce problems, relieve divorce stress, etc. .
3. Submission of divorce steps
In Hong Kong, the filing of divorce steps means that you or your spouse submits a divorce petition to the court and pays related fees, such as:
– Fill in the divorce complaint form, and in the form, describe in detail your or your spouse’s personal information, marriage information, children’s information, reasons for divorce, divorce agreement, etc., and attach relevant evidence and witness information, such as marriage certificate, Birth certificate, ID card, evidence documents, witness list, etc.
– Deliver the divorce complaint form and pay related fees to the court, such as divorce complaint fees, divorce certificate fees, attorney fees, etc., and obtain a receipt and number from the court to prove that you or your spouse has filed the divorce complaint.
4. Service of divorce procedures
In Hong Kong, the service of divorce steps means that after the court receives the divorce complaint from you or your spouse, it serves the divorce complaint to the other party and requires the other party to respond within 14 days whether they agree or object to the divorce, such as:
– If the other party agrees to divorce, the other party can submit a consent letter to the court within 14 days, and state in the consent letter that the other party has received the divorce complaint and agrees with you or your spouse’s reasons for divorce and divorce agreement, and does not Any defense or objection will be raised.
– If the other party objects to the divorce, the other party can submit a defense to the court within 14 days, and state in the defense that the other party has received the divorce complaint and objects to your or your spouse’s grounds for divorce and divorce agreement, and proposes The other party’s defense or objection grounds and evidence, and requests the court to arrange a hearing to hear the divorce dispute.
5. Application for Divorce Steps
In Hong Kong, the application for divorce step means that if the other party agrees to divorce or does not respond to the divorce complaint, you or your spouse can apply to the court for a divorce certificate and pay related fees, such as:
– Fill in the divorce certificate application form, and in the form, describe in detail your or your spouse’s personal information, marriage information, children’s information, reasons for divorce, divorce agreement, etc., and attach relevant evidence and witness information, such as marriage certificate , birth certificate, ID card, evidence documents, witness list, etc.
– Submit the divorce certificate application form and pay relevant fees to the court, such as divorce certificate fees, attorney fees, etc., and obtain a receipt and number from the court to prove that you or your spouse has applied for a divorce certificate.
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The divorce process goes through the following stages:
Things to note in divorce procedures
Before proceeding with divorce proceedings, you need to note the following: – You or your spouse must be within the jurisdiction of the court before you can apply for divorce in Hong Kong. Generally speaking, you or your spouse must live or reside in Hong Kong, or have permanent resident status in Hong Kong, or have substantial connections in Hong Kong before you can apply for divorce in Hong Kong.
– You or your spouse must be married for at least one year before filing for divorce. You can file for divorce within one year unless you or your spouse can prove that there were exceptional or extreme circumstances in your marriage, such as abuse, rape, or adultery.
– You or your spouse must provide relevant documents such as your marriage certificate, identification documents, birth certificates of your children, proof of property and debts, to support your divorce application and resolve your children, property, debts and other legal matters question.
– You or your spouse must pay court fees, such as divorce petition fees, divorce order fees, hearing fees, etc., to proceed with the divorce proceedings. If you or your spouse are in a difficult financial situation, you or your spouse may apply to the court for a waiver or reduction of court fees.
– If you or your spouse chooses to hire a lawyer to file for divorce on your behalf, you or your spouse must pay the lawyer’s fees, such as the lawyer’s consultation fees, representation fees, document fees, etc., to proceed with the divorce procedures. If you or your spouse are in a difficult financial situation, you or your spouse can apply for legal aid from the court, or seek other free or low-cost legal services, such as community legal service centers, legal aid departments, legal information centers, etc.
Divorce procedure time
1. Divorce procedure time: calculation, impact, shortening and extension you need to know
Divorce procedure time refers to the time it takes from you or your spouse to file a divorce complaint with the court to the court issuing a divorce certificate and ending your marriage. In Hong Kong, the length of time for divorce procedures will vary depending on you or your spouse’s reasons for divorce, method of divorce, divorce agreement, divorce disputes and other factors.
2. Calculation of divorce procedure time
In Hong Kong, the calculation of divorce procedure time will vary according to the following stages:
– Submission of divorce complaint: You or your spouse must file a divorce complaint with the court and pay the relevant fees. The time for this stage depends on how quickly you or your spouse prepares the divorce complaint. It usually takes a few days to a few months. .
– Service of divorce complaint: After the court receives the divorce complaint from you or your spouse, it will serve the divorce complaint to the other party and require the other party to respond within 14 days whether they agree or object to the divorce. The time of this stage depends on The response speed of the other party usually takes a few days to a few weeks.
– Application for divorce certificate: If the other party agrees to divorce, or does not respond to the divorce complaint, you or your spouse can apply to the court for a divorce certificate and pay the relevant fees. The time for this stage depends on the court’s review speed. It usually takes a few days. Thoughtful for months.
– Issuance of divorce certificate: After the court reviews your or your spouse’s divorce certificate application, if there are no problems, it will issue a divorce certificate and end your marriage. The time for this stage depends on the court’s issuance speed, which generally takes A few days to a few weeks.
3. The impact of divorce procedure time
In Hong Kong, the length of divorce proceedings will have the following impacts on you or your spouse and children:
– Impact on you or your spouse: The length of the divorce process will affect you or your spouse’s emotional, psychological, physical, work, financial and other aspects. If the divorce process takes longer, you or your spouse may Feeling more irritable, anxious, depressed, tired, stressed, distressed, etc., and may affect your or your spouse’s work performance, income, expenses, assets, liabilities, etc.
– Impact on children: The length of divorce procedures will affect children’s emotions, psychology, body, learning, social interaction, etc. For example, the longer the divorce procedures are, the more confused, scared, angry, sad, and guilty children may feel. Loneliness, etc., and may affect children’s academic performance, interests, friendships, self-confidence, etc.
4. Shortening of divorce procedure time
In Hong Kong, you or your spouse can shorten the divorce process through the following methods:
– Choose the appropriate grounds for divorce: You or your spouse can choose one or more legally recognized grounds for divorce, such as adultery, cruelty, separation, irreconcilable differences, abandonment, etc., and detail your reasons in the divorce complaint. The circumstances, time, place, evidence and witnesses of the reasons for divorce, etc., so that the court can determine whether your marriage has broken down and decide whether to issue a divorce certificate.
– Choose a simple divorce method: You or your spouse can choose a simple divorce method, such as an agreed divorce or an uncontested divorce, and state in the divorce complaint that you have reached an agreed divorce agreement or that there are no divorce disputes , so that the court can review your divorce petition and issue a divorce certificate.
– Choose a professional divorce service: You or your spouse can choose a professional divorce service, such as a lawyer, mediator, counselor, etc., and state in the divorce complaint that you have sought the assistance of these professional divorce services, Or be willing to accept the advice of these professional divorce services so that the court can confirm your divorce wishes and handle your divorce issues.
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Contents of Divorce Petition
Grounds for divorce
1. Grounds for divorce: types, requirements and implications you need to know
The grounds for divorce refer to the reasons that led to the breakdown of the marriage and are one of the necessary conditions for applying for divorce. In Hong Kong, the courts only recognize one ground for divorce, which is that the marriage has irretrievably broken down. However, you or your spouse must provide one or more legal grounds for divorce to prove that your marriage has broken down and that there is no possibility of repair.
2. Types of grounds for divorce
In Hong Kong, there are five legally recognized grounds for divorce:- Adultery: You or your spouse had sexual intercourse with a third person and you cannot forgive the other person.
- Abuse: You or your spouse are subjected to physical or mental abuse by the other party, such as fighting, insults, threats, neglect, etc., and you cannot tolerate the other party.
- Separated: You or your spouse have been separated from each other for more than one year and the other party agrees to divorce, or separated for more than two years regardless of whether the other party agrees to divorce.
- Irreconcilable differences: You or your spouse have irreconcilable differences with each other, such as incompatible personalities, different lifestyles, different beliefs, etc., and you no longer share common life goals or values.
-Abandonment: You or your spouse have been abandoned by the other party for more than two years without any reasonable reason or explanation.
3. Requirements for grounds for divorce
When applying for divorce, you or your spouse must choose one or more grounds for divorce, and detail the circumstances, time, location, evidence and witnesses of your grounds for divorce in the divorce complaint so that the court can judge your case. Whether the marriage has broken down and whether a divorce certificate will be issued.
4. The impact of grounds for divorce
When choosing grounds for divorce, you or your spouse must consider the impact of your grounds for divorce on your children, property, debts, and other legal issues, such as:
- If you or your spouse chooses adultery or abuse as grounds for divorce, you or your spouse may be considered the at-fault party and may be adversely affected when it comes to dividing property, sharing debts, or paying alimony.
- If you or your spouse choose separation as the ground for divorce, you or your spouse must prove that you or your spouse did not have any living together or relationship during the period of separation, and you or your spouse must continue to take care of your family during the period of separation. children and fulfill your parental obligations.
- If you or your spouse choose irreconcilable differences as grounds for divorce, you or your spouse must prove that your differences are genuine and have caused irreparable damage to your marriage and are not something trivial or temporary The problem.
If you want to know more about the grounds for divorce, or want to seek professional assistance, please contact us. We will provide you with the best quality services and products to make your divorce process smoother and more at ease.
Child Custody
1. Child custody: definitions, categories, standards and implications you need to know
Child custody refers to the rights and obligations of parents for the daily care and education of their children after divorce or separation. In Hong Kong, the court will determine the ownership and arrangement of child custody based on the best interests of the child, taking into account the child's age, gender, personality, health, wishes, parents' ability, relationship, financial status and other factors.
2. Types of child custody
In Hong Kong, child custody rights are divided into the following two types:- Independent custody: One parent has sole custody of the child and is responsible for the daily care and education of the child. The other parent does not have any rights or obligations unless otherwise provided by the court.
- Joint custody: Both parents jointly have custody of their children and are jointly responsible for their children's daily care and education. Both parents must reach an agreement on important matters for their children, such as their children's residence, school, medical care, etc.
3. Standards for child custody
In Hong Kong, the court will determine the ownership and arrangement of child custody based on the best interests of the children, taking into account the following criteria:- Children's physical and mental health and development: The court will consider the children's physical and mental health and development needs, such as food, clothing, shelter, education, medical care, entertainment, etc., and determine which parent can better meet the children's needs.
- The child's wishes and feelings: The court will consider the child's wishes and feelings, such as which parent the child wants to live with, or the child's feelings and relationship with both parents, etc., and determine which parent can better respect and care for the child wishes and feelings.
- Parents’ ability and relationship: The court will consider the ability and relationship of both parents, such as the age, gender, personality, health, work, income, lifestyle, beliefs, etc. of both parents, as well as the closeness and communication between the parents and their children. , cooperation, etc., and determine which parent can better provide a stable and loving environment for their children.
4. Impact of child custody
When deciding child custody, you or your spouse must consider the impact of child custody on you and your children, such as:- If you or your spouse is awarded independent custody, you or your spouse will assume all custody responsibilities and enjoy all custody rights, but you or your spouse will also lose contact and relationship with the other parent and children , unless the court provides otherwise.
- If you or your spouse are awarded joint custody, you or your spouse will share all parenting responsibilities and rights and maintain contact and relationship with the other parent and children, but you or your spouse will also need to maintain contact with the other parent and children. One parent negotiates and cooperates, and respects and accepts the opinions and decisions of the other parent.
If you want to know more about child custody, or want to seek professional assistance, please contact our services or products. We will provide you with the best quality services and products to make your divorce process smoother and more at ease.
Children's visitation rights
1.Child visitation rights: definitions, categories, conditions and impacts you need to know
Child visitation rights refer to the right of the parent who has not obtained custody of the child to have regular or irregular meetings and contact with the child after divorce or separation. In Hong Kong, the court will determine the ownership and arrangement of children's visitation rights based on the best interests of the children, taking into account the child's age, gender, personality, health, wishes, parents' ability, relationship, financial status and other factors.
2. Types of child visitation rights
In Hong Kong, child visitation rights are divided into the following two types:- Direct visitation rights: The parent who has not obtained custody of the child can meet and contact the child face-to-face at a designated time and place, such as in a park, restaurant, movie theater, etc., or when accompanied by a third party. Such as being accompanied by social workers, relatives, friends, lawyers, etc.
- Indirect visitation rights: The parent who has not obtained child custody can meet and contact the children remotely through other methods, such as through phone calls, text messages, emails, videos, etc., or by sending gifts, cards, letters, etc. .
3. Conditions for children’s visitation rights
When applying for or arranging visitation rights with your children, you or your spouse must comply with the following conditions:- You or your spouse must respect the wishes and feelings of the children and not force or force the children to see or contact you or your spouse unless the court orders otherwise.
- You or your spouse must abide by the court's decision or agreement, and do not violate or hinder the ownership and arrangements of the children's visitation rights, such as not being late or absent, not exceeding the time limit or moving forward, not changing or canceling, etc.
- You or your spouse must protect the physical and mental health and safety of your children and not cause any harm or danger to your children, such as not to fight, abuse, threaten, abduct, etc.
4. Impact of children’s visitation rights
When deciding on child visitation rights, you or your spouse must consider the impact of child visitation rights on you and your children, such as:- If you or your spouse obtain direct visitation rights, you or your spouse will be able to maintain a close and warm relationship with your children and give them more love and support, but you or your spouse will also need to bear more responsibilities and pressures, and adapt to the changes and needs of their children.
- If you or your spouse obtains indirect visitation rights, you or your spouse will be able to maintain certain contact and communication with the children and understand the children's status and progress, but you or your spouse will also lose real and direct contact with the children. Intimate contact may affect children's trust and dependence.
If you want to know more about children's visitation rights, or want to seek professional assistance, please contact our services or products. We will provide you with the best quality services and products to make your divorce process smoother and more at ease.
Children's living expenses
1. Children’s living expenses: definitions, calculations, adjustments and disputes you need to know
Child living expenses refer to an amount of money paid regularly or irregularly by the parent who has not obtained child custody to the parent who has obtained child custody after divorce or separation to maintain the basic living and education expenses of the children. . In Hong Kong, the court will determine the amount and method of children's living expenses based on the best interests of the children, taking into account factors such as the child's age, gender, personality, health, wishes, parents' abilities, relationships, fin
ancial status and other factors.
2. Calculation of children’s living expenses
In Hong Kong, the court does not have a fixed formula or table to calculate the amount of children’s living expenses. Instead, it will consider the following factors based on the specific circumstances of each case:- The child’s actual and reasonable needs: The court will consider the child’s actual and reasonable needs, such as food, clothing, shelter, education, medical care, entertainment, etc., and estimate the child’s monthly or annual expenses based on the child’s living standards and habits. expenses.
- Parents’ financial capabilities: The court will consider the financial capabilities of both parents, such as their income, expenses, assets, liabilities, financial responsibilities, etc., and allocate the proportion and amount of the children’s living expenses based on the contributions and responsibilities of both parents.
- Other relevant factors: The court will consider other relevant factors, such as the child's age, gender, personality, health, wishes, parental relationship, children's visitation rights, etc., and adjust the amount and method of the child's living expenses based on these factors.
3. Adjustment of children’s living expenses
In Hong Kong, the court will determine the amount and method of children's living expenses based on the best interests of the children. However, this is not a permanent decision, but a decision that changes as the situation changes. If you or your spouse's financial situation or the needs of your children have changed significantly, you or your spouse can apply to the court to adjust the amount and method of your children's living expenses, and provide relevant evidence and reasons, such as an increase or decrease in income. , children's growth or changes in education, etc.
4. Disputes over children’s living expenses
In Hong Kong, child maintenance expenses are a common dispute after divorce or separation. You or your spouse may encounter some of the following issues:
- The other party fails to pay or delays in paying the children’s living expenses: If the other party fails to pay or delays in paying the children’s living expenses, you or your spouse can apply to the court for enforcement and require the other party to pay the amount owed, or apply to the court to deduct the other party’s wages, assets or Property to pay for children’s living expenses.
- The other party’s payment of the children’s living expenses is insufficient or excessive: If the other party’s payment of the children’s living expenses is insufficient or excessive, you or your spouse can apply to the court to adjust the amount and method of the children’s living expenses, and provide relevant evidence and reasons, such as the other party’s Changes in income or expenses, changes in children’s needs or expenses, etc.
If you want to know more about your children’s living expenses, or want to seek professional assistance, please contact our services or products. We will provide you with the best quality services and products to make your divorce process smoother and more at ease.
Divorce property distribution
1. Divorce property distribution: principles, methods, factors and impacts you need to know
Divorce property distribution refers to the division and distribution of property accumulated during the marriage, such as real estate, vehicles, deposits, stocks, jewelry, etc., by both parents after divorce or separation. In Hong Kong, the court will determine the proportion and method of property distribution in divorce based on the principles of fairness and reasonableness, taking into account factors such as the age, gender, personality, health, work, income, expenses, contributions, responsibilities, and needs of the children of both parents.
2. Principles of property distribution in divorce
In Hong Kong, the court will determine the proportion and method of property distribution in divorce based on the following principles:- Principle of fairness and reasonableness: The court will distribute the property fairly and reasonably based on the actual situation of both parents. It does not necessarily mean an equal or equal distribution, but appropriate adjustments and balances based on the needs and rights of both parents.
- Principle of the source and nature of the property: The court will consider the source and nature of the property, such as whether the property was purchased, inherited, donated or invested by both parents jointly or individually, and whether the property is for family, personal or commercial use, etc., and Based on these factors, the ownership and value of the property are determined.
- Principle of type and extent of contribution: The court will consider the type and extent of the contribution of both parents to the property, such as the purchase, maintenance, appreciation or appreciation of the property in the form of money, labor, time, skills, knowledge or other means. value preservation, etc., and determine the distribution of property based on these factors.
3. Methods of property distribution in divorce
In Hong Kong, the court will distribute divorce property according to the following methods:- Division: The court will divide the property into two parts and belong to both parents respectively, such as dividing the property into two units, or dividing the deposit into two accounts, etc.
- Distribution: The court will distribute the property to one parent and require the other parent to pay an amount as compensation to the other parent, such as assigning the property to one parent and requiring the other parent to pay a mortgage or transfer the vehicle Assigned to one parent and requiring the other parent to pay a sum of vehicle value, etc.
- Transfer: The court will transfer the property to one parent and require the other parent to give up any rights and interests in the property, such as transferring the property to one parent and requiring the other parent to give up the ownership and use rights of the property, or transfer the stocks to one parent Parents, and require the other party to give up the income and voting rights of the stock, etc.
4. Impact on property distribution in divorce
When deciding how to distribute assets in a divorce, you or your spouse must consider how the division of assets will affect you and your children, such as:- If you or your spouse obtain more property, you or your spouse will be able to maintain or improve your living standards and quality, and give your children more material and spiritual support, but you or your spouse will also There is a need to take on more taxes and responsibilities and adapt to the management and protection of the property.
- If you or your spouse acquire less property, you or your spouse will need to reduce or change your standard and quality of life, and may affect the growth and education of your children, but you or your spouse will also reduce your Burden and stress, and the opportunity to start over and develop.
If you want to know more about the distribution of divorce assets, or want to seek professional assistance, please contact our services or products. We will provide you with the best quality services and products to make your divorce process smoother and more at ease.
Divorce Alimony
1. Divorce Alimony: Definition, Types, Calculation and Impact You Need to Know
Divorce alimony refers to an amount of money paid regularly or irregularly to the parent with weaker financial ability by the parent with stronger financial ability after divorce or separation, to maintain the basic life and welfare of the other parent. In Hong Kong, the court will determine the amount and method of divorce alimony based on the principles of fairness and reasonableness, taking into account factors such as the age, gender, personality, health, work, income, expenses, contributions, responsibilities, and needs of the children of both parents.
2. Types of divorce alimony
In Hong Kong, divorce alimony is divided into the following two types:- Temporary alimony: Temporary alimony refers to an amount of money paid by the parent with stronger financial capabilities to the parent with weaker financial capabilities during the divorce proceedings to cover the other parent's daily expenses and legal fees. Such as rent, water and electricity, food, transportation, legal fees, etc.
- Permanent alimony: Permanent alimony refers to an amount of money paid by the parent with stronger financial capabilities to the parent with weaker financial capabilities after the divorce proceedings are completed to maintain the standard and quality of life of the other parent, such as Clothing, medical care, education, entertainment, etc.
3. Calculation of divorce alimony
In Hong Kong, the court does not have a fixed formula or table to calculate the amount of divorce alimony. Instead, it will consider the following factors based on the specific circumstances of each case:- The financial capabilities of both parents: The court will consider the financial capabilities of both parents, such as their income, expenses, assets, liabilities, financial responsibilities, etc., and determine the proportion and amount of divorce alimony based on the abilities and needs of both parents.
- Contributions and responsibilities of both parents: The court will consider the contributions and responsibilities of both parents to the marriage and family. For example, whether the parents contributed to the establishment, maintenance, and development of the marriage and family through money, labor, time, skills, knowledge, or other means. or damage, etc., the contribution and responsibility made, and based on these factors, the distribution of divorce alimony is determined.
- Other relevant factors: The court will consider other relevant factors, such as the age, gender, personality, health, work, income, expenses, contributions, responsibilities, children's needs of both parents, etc., and adjust the divorce alimony based on these factors amount and manner.
4. The impact of divorce alimony
When deciding on divorce alimony, you or your spouse must consider the impact of divorce alimony on you and your children, such as:- If you or your spouse receive divorce alimony, you or your spouse will be able to maintain or improve your standard and quality of life and give your children more material and spiritual support, but you or your spouse will also lose Part of the economic autonomy and self-esteem, and may be controlled and interfered by the other party.
- If you or your spouse pay divorce alimony, you or your spouse will need to reduce or change your standard and quality of life, and may affect the growth and education of your children, but you or your spouse will also reduce your burden and pressure, and the opportunity to start over and develop.
If you want to know more about divorce alimony, or want to seek professional assistance, please contact our services or products. We will provide you with the best quality services and products to make your divorce process smoother and more at ease.
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Divorce Procedures in Hong Kong
FAQs
The simplest divorce by mutual consent can be completed in about 6 months.
The cost of the divorce process will depend on the complexity; the simplest is a divorce by mutual consent. If you and your spouse cannot agree on child custody or alimony, and you need to be represented by a solicitor or barrister in court, then divorce will be more expensive. Of course, you can also reduce disputes through family mediation or self-negotiation.
Regardless of the country in which the marriage ceremony was held, as long as the marriage is valid and its existence can be proven, you can theoretically apply for divorce in Hong Kong.
You can apply for divorce unilaterally after two years of separation without the consent of the other party. (Both parties need to be in Hong Kong.)
Using the other party’s unreasonable behavior as a reason for divorce does not require separation, but the process is complicated and takes a long time to process.
The parties may remarry after obtaining a decree absolute of divorce.
Currently, Hong Kong’s court system does not provide online divorce application services. You or your spouse must submit paper divorce documents to the court in person or through a lawyer, and proceed with the divorce procedures in accordance with the court’s procedures.
If you and your spouse both agree to divorce and are able to reach an agreement regarding children, property, debts, and other legal issues, you can peacefully agree to divorce and submit your agreement to the court for approval and confirmation. agreement. This saves you both time, money, and energy, and reduces conflict and pain for both of you.
If your divorce case is relatively simple, without too many disputes and complex legal issues, you may be able to file for divorce on your own without a lawyer. However, you must be responsible for filling out and submitting all documents and handling all procedures yourself, which may cost you more time and effort, and may contain some errors or omissions. Therefore, if you are unsure about the status of your divorce case, or you have any legal questions, it is best to seek the professional advice and assistance of an attorney to protect your rights.
If you want to change your name before or after divorce, you can do it in a few ways: – If you want to restore your maiden name, you can state your wishes in the divorce petition and, after obtaining the divorce order, apply to the Identification Department to change your identity documents and notify other relevant agencies and departments, Such as banks, schools, workplaces, etc. – If you want to change your name to another name, you can apply to the Identification Office to change your identity document before or after the divorce, and notify other relevant institutions and departments, such as banks, schools, and workplaces. wait. – If you want to change your name to a Chinese name, you can apply to the court for a judgment to change your name before or after the divorce, apply to the Identification Office to change your identity document, and notify other relevant agencies and departments, such as banks, schools, workplaces, etc.