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Divorce - FAQ
There is only one ground for divorce, which is that the marriage has broken down irretrievably. The divorce petitioner must prove to the court that one or more of the following five conditions have occurred:
⦁ Adultery: The spouse has committed adultery and the petitioner finds it unbearable to live with him/her
⦁ Unreasonable conduct: The spouse’s conduct (usually a series of intolerable conduct) makes it impossible for the petitioner to reasonably expect to live with him/her, but a single and extremely serious misconduct will be admissible by the court
⦁ One year of separation: living apart for at least one continuous year, and the spouses agree to divorce
⦁ Two years of separation: living apart for at least two consecutive years (in this case, the spouses do not need to agree to divorce)
⦁ Abandonment: Has been abandoned by your spouse for at least one consecutive year
Since there are currently only 11 judges in the Family Court who are responsible for hearing all divorce cases in Hong Kong, the waiting time is very long, and the hearing time of each case is different. It can take as short as a few months and as long as three years. Eight months or eight years and three months. The length of time depends on whether the two parties can coordinate well, especially before finances and children are handled properly. The court will not issue an absolute divorce order, but will only issue a temporary divorce order. Divorce Order.
Both parties must note that the Family Court differs from other civil litigation. The petitioner and the respondent are only different in name, and their status is equal. They are not the plaintiff and the defendant. The petitioner only represents the party filing the divorce application. After being notified by the court, you need to fill in the acknowledgment form and indicate whether there is any dispute over the various arrangements for the divorce. If there is a dispute, it will enter a defense case and need to go to court.
A divorce lawsuit can be very harmful to children. Both parties should consider the children and try to coordinate as much as possible.
Divorce - Child Arrangements FAQs
According to Section 7 of the Matrimonial Proceedings and Property Ordinance, when it comes to spousal support matters, the court will generally consider the following factors:
⦁ The income, earning power, property and other economic resources that each party individually has or is likely to have in the foreseeable future;
⦁ The financial needs, burdens and responsibilities that each party faces or is likely to face in the foreseeable future;
⦁ The standard of living enjoyed by the family before the marriage broke up;
⦁ The ages of the parties and the duration of the marriage;
⦁ Physical or mental disability of either party;
⦁ Each party’s contribution to the welfare of the family, including contributions to maintaining the residence or caring for family members;
⦁ Either party loses any of its own interests due to divorce.
As for child support, it needs to be paid until the child turns 18 or completes his first college degree, whichever is later. In terms of the amount, the court will consider the earning ability of both parents and the child’s basic living expenses. According to the ” Section 7(2) of the Matrimonial Proceedings and Property Ordinance, the court will consider the following factors:
⦁ Children’s financial needs;
⦁ Whether the child has any income, earning capacity, property or other financial resources;
⦁ Whether the child has any physical or mental disabilities;
⦁ The living standards of the family members before the marriage broke up;
⦁ The way the child is being educated at the time and the parties to the marriage expect the child to be educated;
⦁ The financial resources and needs or support responsibilities of the parties to the marriage.
The court’s starting point for asset distribution is 50/50 distribution. However, a marriage with only two to three years of marriage may not be 50/50. Generally, the court will handle it based on the principle of fairness. The court will establish it based on the Court of Final Appeal Civil Appeal Case No. 16 of 2008. Four principles for allocating assets:
⦁ Fair goals
⦁ Deny any discrimination
⦁ A measure of even distribution
⦁ Deny detailed retrospective investigation
⦁ Estate distribution
⦁ Buy and sell properties