In partnership with hongkongdivorce.com
Every relationship has its problems, and while counselling can help many couples get back on track, sometimes separation is the only way forward.
If you find yourself in this difficult situation, it can be reassuring to have a trusted resource to help guide you through the divorce process in Hong Kong. If there are children involved, it’s even more important to come to an amicable separation.
How Do Hong Kong Courts Deal with Divorce?
In Hong Kong there are five grounds for divorce, and you need to select one option when filing your paperwork. They are:
- Unreasonable Behaviour
- One Year Separation with Consent of the Other Party
- Two Year Separation Without Consent
- Desertion (for at least a period of one year)
How Do Hong Kong Courts Deal with Custody Issues?
In Hong Kong, children issues are broken down into three areas:
Custody: In Hong Kong, you will either be granted “sole” custody over the children or share “joint” custody with the other parent.
Generally speaking however, whether you receive sole or joint custody, each parent will always have a right to be consulted over major issues with respect to the children such as education, religion and health.
Even if you are granted “sole” custody, the other parent can veto your decision by bringing this to the Family Court.
Care and Control: This refers to the parent who will be responsible for the day-to-day decisions related to the children and who the children will be living with on a day-to-day basis.
Access: In cases where one parent has care and control, there will be an order for reasonable access.
Your lawyer will go through each of these issues with you, in order to fully understand the terms you want from the divorce, and ideally work with the other party to come to a mutually agreed-upon resolution.
All About Hong Kong Divorce
hongkongdivorce.com is a free educational tool and resource for individuals struggling to navigate divorce in Hong Kong. You can find all the answers you need to assist you in navigating through the complexities of divorce and matrimonial proceedings in Hong Kong.
It aims to set out in simple terms what you can expect to encounter in the run-up to a divorce, and during the long and sometimes complicated process that may follow.
The platform was created by Caroline Y Choi, a matrimonial lawyer at Oldham, Li & Nie. Caroline is an expatriate who has lived in Hong Kong since 2016. She is Of Counsel with the Law Society of Hong Kong and an attorney with the State Bar of California. She specialises in high-asset expatriate divorces and with multi-jurisdictional expertise in Hong Kong and California. As a frequent contributing writer for The Huffington Post on all issues related to family law, Caroline created the website HongKongDivorce.com with the objective of providing the public with easily accessible information related to every aspect of divorce. Its mission is to provide a concise and clear overview of the law, with the objective of providing the public with easily accessible information related to every aspect of divorce and to clarify how the divorce process works. Its mission is to provide a concise and clear overview of the law, answer common queries and provide general support to those in need.
Looking for advice ? Call 2186-1810 or visit www.hongkongdivorce.com to learn more.