Hong Kong's substantive 離婚協議書 law is in line with current law in England and Wales, except that there is only one reason a party can file for divorce: that the marriage has irretrievably broken down. When a declaration of the decree nisi is filed, it is not unusual for a court in Hong Kong to require a brief affidavit of the petitioner setting out its essential connection with Hong Kong. In the case of a patient, this is a case for relatives, as the cost of living is comparatively high. As a result, a family that separates from its children in Hong Kong, with the intention of possibly continuing to live and raise their child there, will have to consider whether the spouse's pot can afford to maintain two households.
Note that the Hong Kong judiciary has given a period, but in practice, this period may vary from case to case. The facts on which a party can rely may differ, the main difference being the date of filing a declaration nisi and the duration between filing and filing the divorce.
However, there are certain special situations where the assistance of a divorce lawyer in Hong Kong is even more important. This can be the case if a spouse does not agree to 離婚協議書 or if the parties cannot agree on issues affecting the children, such as custody. It is recommended to consult one of the lawyers specializing in divorce cases.
If marital assets include real estate in Hong Kong, it may be beneficial for the parties to file for divorce in Hong Kong Kong provided they are entitled to do so. It is possible that restrictions may be imposed on Hong Kong properties if they are not registered in the Land Registry before the final divorce. Couples in HK living in the US, Canada, Australia, New Zealand or other countries must contact the Housing Department if proceedings are pending in a family court in Hong Kong.
If the land registers are public documents available to potential buyers and estate agents, the owner can dispose of the property without any burden.
If divorce proceedings are an issue in another jurisdiction, it is possible to restrict Hong Kong property. It is possible that a couple will divorce if they are married for less than one year or if the couple has been married for more than two years, but not longer than three.
The reason for a joint application must be that they have been separated for over a year. There can be two types of joint application where both parties agree to divorce. Both parties may apply to the court and submit it to the other party, as well as file for divorce in the same jurisdiction.
There may be many reasons why a marriage has broken down, but if a couple wants to file for divorce, they need a reasonable reason for doing so and must provide evidence to support their case.
Spouses who have agreed to divorce or separation must prove to the court that they have been separated and they must agree to their separation. If adultery is a reason for separation, the party filing for divorce must prove in court what the other party has done to them. There will be no reason why a court should accept that the marriage has irretrievably broken down.
China's new 離婚協議書 law, which makes the separation more difficult for couples, has prompted husbands and wives to rush to file applications to dissolve their marriages because they believe the new terms complicate the process, media lawyers have quoted.
Hong Kong-based South China Morning Post reported Monday that divorce lawyers have been inundated with requests from couples to file for divorce before their 30 days are over. A divorce lawyer In Hong Kong Kong can help you to check how you meet the requirements if you were resident in China at the time of separation from you and the couple before the divorce began. After the 30 days, couples can apply for a second time for official divorce documents at their local civil law office.
To initiate divorce proceedings, the spouse who initiated the proceedings must fill in a form on the grounds for divorce. The petition must be delivered to the respondent by a third party, and the next step is to have the petition sent to both spouses. Once the applications are processed, one of the applicants is the applicant while the other is the respondent. If the petition is defended, each spouse must apply to the Family Court for a trial date to discuss the issues at issue.
The place of marriage should not be a problem and it makes no difference in the third quarter when filing for divorce. If Hong Kong does not properly recognize same-sex marriages, a same-sex couple's divorce can be enforced in the Family Court. This provides the possibility to prove the validity of the marriage even if it has been effectively concluded in another country. Divorce can be filed in Hong Kong court on the basis of gender identity, sexual orientation, marital status or other legal issues.
