Wills, estates and family
Divorce in Hong Kong: grounds, forms and Family Court steps
Divorce in Hong Kong goes through the Family Court. You usually need to have been married for at least a year, and you either petition alone or apply jointly with your spouse.
At a glance
- Minimum length of marriage
- 1 year, unless the court allows otherwise
- Court fees
- HK$630 to file, HK$630 to set down
- Undefended and joint cases
- No need to attend the decree nisi hearing
- Decree absolute
- Apply 6 weeks after the decree nisi
- Financial statement
- Form E
Divorce in Hong Kong goes through the Family Court. You can usually start only after at least a year of marriage, and you must show the marriage has irretrievably broken down. You either file a petition on your own or make a joint application with your spouse. Undefended petitions and joint applications are decided on paper, without either of you appearing in court.
Who can apply
The Judiciary’s page on how to apply for a divorce says you can petition only if you have been married for at least one year, unless the court allows otherwise. The court must also have jurisdiction, which depends on your and your spouse’s connection with Hong Kong. The petition forms ask you to set this out.
Grounds: showing the marriage has broken down
There is one legal ground for divorce: the marriage has irretrievably broken down. You prove it with one of these facts.
| Fact | Route |
|---|---|
| Adultery | Petition |
| Unreasonable behaviour | Petition |
| Desertion for at least 1 year | Petition |
| Living apart for at least 1 continuous year, and your spouse consents | Petition |
| Living apart for at least 2 continuous years | Petition |
| Living apart for at least 1 continuous year before applying, or a notice signed by both of you given to the court at least 1 year earlier and not withdrawn | Joint application |
The Judiciary publishes petition forms for the different facts on its Family Court forms page.
Petition or joint application
- Petition. One spouse (the petitioner) fills in a petition and takes it personally to the Family Court Registry. The other spouse is the respondent and can defend it.
- Joint application. If you both agree, you fill in the joint application form together and file it. Nobody is the respondent, and nobody has to prove fault.
Step by step
- Pick your route and the fact you rely on, and download the matching form.
- Prepare the papers. If there are children, add a Statement as to Arrangements for Children (Form 2B). Petitioners and joint applicants must also file a Certificate as to Family Mediation. Have your marriage certificate to hand, since the forms ask for the marriage details.
- File at the Family Court Registry and pay the HK$630 filing fee.
- If the respondent does not file an answer defending the petition, it goes into the Special Procedure List. Joint applications go there too.
- Apply to the Registrar for directions to set the case down for trial, and pay the HK$630 setting-down fee. In the Special Procedure List, evidence is given by affidavit (a sworn written statement) rather than in the witness box.
- The Registrar reads your evidence. If satisfied, the Registrar files a certificate, and the court grants a decree nisi. Neither of you needs to attend.
- Six weeks after the decree nisi, apply to make it absolute using Form 5 (petition) or Form 5A (joint application). The decree absolute ends the marriage.
Fees can change. Check the Judiciary’s Guide to Court Services on divorce before you file.
Children
Form 2B tells the court what arrangements you propose for the children. If you cannot agree, the Family Court’s Children’s Dispute Resolution process aims to help parents reach lasting agreements quickly and in a less adversarial way, with the focus on the children’s best interests.
Money and property
Claims for maintenance and for dividing property are called ancillary relief. Each side discloses their finances on the Form E financial statement. The process includes a Financial Dispute Resolution stage designed to help both sides settle before a full hearing, and each side gives an estimate of costs on Form H3. A divorce decree does not settle money on its own, so deal with ancillary relief before you treat matters as closed.
Mediation
The Certificate as to Family Mediation is filed with every petition and joint application. Mediation is a way to settle children and money issues without a contested hearing, so read about it before you file.
When to get a lawyer
A joint application with no children and no property can be done without a lawyer. Get advice if your spouse will defend the divorce, there are disputes over children, you own property or a business, assets are outside Hong Kong, or you fear violence. The Procedural Advice Scheme gives free advice on Family Court procedure to people without lawyers, and you can see if you qualify for legal aid. To hire a lawyer, read how to instruct a solicitor and compare firms in our law directory.
We are not the Judiciary, and this is not legal advice.
Questions people ask
How long do you have to be married before you can divorce in Hong Kong?
At least one year. The Judiciary says you can start a divorce petition only if you have been married for at least 1 year, unless the court allows otherwise.
What are the grounds for divorce in Hong Kong?
There is one ground: the marriage has irretrievably broken down. You prove it with facts such as adultery, unreasonable behaviour, desertion for at least a year, or living apart for a set period. Joint applicants rely on at least a year of living apart, or on a joint notice given to the court at least a year earlier.
Do we have to go to court for an uncontested divorce?
Usually not for the decree itself. Joint applications, and petitions the respondent does not defend, go into the Special Procedure List. The Registrar decides on the written evidence, and neither of you needs to attend when the decree nisi is granted.
How much does a divorce cost in Hong Kong?
The Judiciary lists a HK$630 filing fee and a HK$630 fee to set the case down in the Special Procedure List. Lawyers’ fees are separate, and disputes over children or money add to the cost.
What is the difference between a decree nisi and a decree absolute?
A decree nisi is the court’s provisional decision that you are entitled to a divorce. You are still married until the decree absolute. You can apply for it six weeks after the decree nisi, on Form 5 for a petition or Form 5A for a joint application.