Separation in Divorce Process
You don’t have to be separated to get a divorce
cohabitation divorce
What does it mean to be "separated" / separation?
Separation refers to a state in which the husband and wife temporarily separate their residences and no longer live together due to intentional disagreements, disharmony in life, etc., before the marriage relationship is dissolved. During a separation, the spouses remain married, but their lifestyle and financial circumstances change. Separation can be a temporary solution or a final decision. During the separation period, the couple also needs to consider how to handle property, raise children and other issues.
In Hong Kong, separation between couples usually requires legal proceedings. According to Hong Kong law, separation of couples can be achieved through divorce, separation agreement or court ruling. Divorce is the final dissolution of a marriage and requires a court decision. A separation agreement is a voluntary written agreement between husband and wife to stipulate matters such as property, child support, visitation rights, etc. during the separation period. If the couple cannot reach a separation agreement on their own, they can apply to the court for a ruling, and the court will review and make a ruling. No matter which method is adopted, both spouses need to consider aspects such as life and property distribution after separation, as well as the impact on their children. Separation also refers to a couple living separately, usually when one of them moves out of the marital home and no longer lives together as a couple. Starting from the date of moving out, if one year is enough and both parties cooperate, you can use one year of separation to apply for divorce. If the two years are enough, you can also apply for divorce based on the fact that you have been separated for two years, without the consent of the other party. The date of separation must be stated in the divorce petition. Proof of Separation: Unless the other party disputes the date of separation, there is no need to submit documents or evidence to the court to prove that you have been separated for two years. If the other party is in dispute (i.e. disagrees with the date of separation or believes there was no separation), the burden of proof falls on the party filing for divorce.
Is it possible to live "separately under the same roof"?
If conditions do not allow moving out of the matrimonial home, you can still live in the same house, but if the actual life is as if they live independently, such as sleeping in separate rooms or beds, no sex life, eating separately, etc., and If the other party knows that the party applying has the intention to separate, then this model of separation under the same roof can also be accepted by the court.
Separation Agreement
Hong Kong law recognizes the validity of a separation agreement (but it can also be changed later). With the help of a lawyer, the spouses can divide and reach an agreement on the following matters between them: Suspension of cohabitation responsibilities marital property Debt liability and repayment Maintenance issues between husband and wife, the amount of alimony Child support and custody issues Processing of divorce applications in the future Other issues related to the marital relationship. Although the separation certificate is clearly written on it, whether it can be done is another question; nevertheless, the time of separation can definitely be determined.
Separation Agreement Sample
After full conversation and equal negotiation, Party A and Party B voluntarily reached a separation agreement as follows: Both parties A and B voluntarily separate. The separation shall commence from _________year________month________ to _________year________month________. During the separation, the house located at _________building, _________ District, _________ Road, _________ City, was occupied by the _________ party. Furniture, electrical appliances, etc. in the house are used by _________. The ________ party will find another house and solve the housing problem on its own. The property and income obtained by each party during the separation period belong to each other, and the other party may not claim that they are joint property of the husband and wife. Debts incurred by both parties during the period of separation shall be borne independently by each party and shall not be claimed as joint debts of the husband and wife.