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Getting a divorce in Hong Kong: Issues you need to consider

1 July 2019 | 2 minute watch

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Getting a divorce in Hong Kong: Issues you need to consider
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Getting a divorce in Hong Kong: Issues you need to consider

Note: We have provided a transcript of the video if you are unable to listen to the audio. This transcript is generated using a combination of speech recognition software and human transcribers and may contain errors.

You can get divorced in Hong Kong if you have not been separated for a year. You can divorce in Hong Kong on either a fault or not fault basis, and the no fault basis is to live apart for one year and both consent to the divorce. Or you can live apart for two years and then no consent is required. Living apart doesn't necessarily mean living in two separate places, so you can live apart under the same roof. Before you work out whether or not you've been living apart, maybe we can have a chat and I can discuss your circumstances with you and we can work out whether you can proceed on the no fault basis of living apart for 12 months.

You can divorce in Hong Kong even if you were not married here. Because it's not where you start, but where you finish. So as long as you have been living and working in Hong Kong, it has been your base, and you have a substantial connection to Hong Kong, it will certainly host your divorce proceedings.

If you do not have assets in Hong Kong then you might need to think seriously about whether or not Hong Kong is the appropriate place for you. Everything depends upon the relationship you have with your spouse. If you're on perfectly good terms with your spouse, you know where your assets are and you don't expect there to be any problems in terms of the transfer of properties or payments of cash, then Hong Kong will be fine to host your divorce proceedings. If you don't know where your assets are based, if you are expecting problems then I think we should have a chat about where the best location for your divorce might be.

Note: We have provided a transcript of the video if you are unable to listen to the audio. This transcript is generated using a combination of speech recognition software and human transcribers and may contain errors.

You can get divorced in Hong Kong if you have not been separated for a year. You can divorce in Hong Kong on either a fault or not fault basis, and the no fault basis is to live apart for one year and both consent to the divorce. Or you can live apart for two years and then no consent is required. Living apart doesn't necessarily mean living in two separate places, so you can live apart under the same roof. Before you work out whether or not you've been living apart, maybe we can have a chat and I can discuss your circumstances with you and we can work out whether you can proceed on the no fault basis of living apart for 12 months.

You can divorce in Hong Kong even if you were not married here. Because it's not where you start, but where you finish. So as long as you have been living and working in Hong Kong, it has been your base, and you have a substantial connection to Hong Kong, it will certainly host your divorce proceedings.

If you do not have assets in Hong Kong then you might need to think seriously about whether or not Hong Kong is the appropriate place for you. Everything depends upon the relationship you have with your spouse. If you're on perfectly good terms with your spouse, you know where your assets are and you don't expect there to be any problems in terms of the transfer of properties or payments of cash, then Hong Kong will be fine to host your divorce proceedings. If you don't know where your assets are based, if you are expecting problems then I think we should have a chat about where the best location for your divorce might be.

This document (and any information accessed through links in this document) is provided for information purposes only and does not constitute legal advice. Professional legal advice should be obtained before taking or refraining from any action as a result of the contents of this document.

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