1. Who can apply for a divorce in Hong Kong?

Either spouse may file for divorce if one of the parties is domiciled, habitually resident, or has resided in Hong Kong for at least three years immediately before filing.

2. What are the legal grounds for divorce?

The only ground for divorce is that the marriage has broken down irretrievably, proven by one or more of the following:

• Adultery
• Unreasonable behaviour
• Desertion for at least one year
• Separation for one year (with consent) or two years (without consent)

3. How long does the divorce process take?

An uncontested divorce usually takes 4–6 months, while a contested divorce may last 12 months or longer, depending on disputes involving custody, maintenance, or property division.

4. What documents are required to start a divorce?

• Petition for Divorce (Form 2)
• Marriage Certificate (original or certified copy)
• Statement of Arrangements for Children (if applicable)
• Acknowledgment of Service Form (for the Respondent)

Your solicitor will help prepare and file all documents with the Family Court.

5. Can we file for divorce jointly?

Yes. A joint application may be filed if both spouses agree that the marriage has broken down and have settled matters such as custody, maintenance, and property division. This method is usually quicker and less costly.

6. How are child custody and maintenance decided?

The Family Court decides based on the best interests of the child, considering:

• The child’s age, welfare, and needs
• Each parent’s ability to provide care and stability
• Financial circumstances and cooperation between parents

7. How is property divided in a divorce?

The Family Court follows the principle of equitable distribution, dividing assets fairly (not necessarily equally) after considering each party’s contributions, financial needs, and the welfare of any children.

8. What if my spouse refuses to divorce?

You can still proceed based on adultery, unreasonable behaviour, desertion, or two years of separation without consent. Your lawyer will help you gather and present sufficient evidence to support your case.

9. When can I remarry after a divorce?

You may remarry only after receiving the Decree Absolute — the final court order that legally dissolves your marriage.

10. Why should I hire a divorce lawyer?

A professional family lawyer ensures your rights are protected, documents are filed correctly, and all outcomes relating to custody, maintenance, and property are fair and lawful. Yip Tse Tang Solicitors & Notaries offers compassionate, confidential, and results-driven legal support.