{"id":895,"date":"2021-06-28T16:44:11","date_gmt":"2021-06-28T08:44:11","guid":{"rendered":"http:\/\/devwp.visibleone.io\/p136\/?p=895"},"modified":"2021-09-11T10:27:43","modified_gmt":"2021-09-11T02:27:43","slug":"procedures-and-grounds-for-divorce","status":"publish","type":"post","link":"https:\/\/familyclic.hk\/en\/topics\/matrimonial-matters\/divorce\/procedures-and-grounds-for-divorce\/","title":{"rendered":"Procedures and grounds for divorce"},"content":{"rendered":"
[et_pb_section fb_built=”1″ _builder_version=”3.22″][et_pb_row _builder_version=”3.25″ background_size=”initial” background_position=”top_left” background_repeat=”repeat”][et_pb_column type=”4_4″ _builder_version=”3.25″ custom_padding=”|||” custom_padding__hover=”|||”][et_pb_text admin_label=”General description of the legal consequences of divorce” module_class=”posttitle” _builder_version=”4.9.7″ background_size=”initial” background_position=”top_left” background_repeat=”repeat”]<\/p>\n
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Divorce and matrimonial proceedings are generally heard in the Family Court section of the District Court before a District Court judge and proceedings for divorce must be instituted either by a petition for divorce or by an application for divorce.<\/p>\n
If it becomes clear that a case raises a difficult point of law or involves assets of considerable value then either party can apply to transfer the case to the High Court. A High Court judge is more experienced and therefore better qualified to deal with complicated cases.<\/p>\n
Certain matters must be commenced in the High Court, such as application for wardship (i.e. The custody of the child is given to the Court. More details of wardship are discussed in\u00a0Divorce > Matters affecting children > B. My wife wants to apply for divorce and she plans to take our only daughter out of Hong Kong during the waiting period. Can I stop her?<\/a><\/p>\n In law, there is in fact only one ground for presenting a petition for divorce, namely, that the marriage has broken down irretrievably.<\/p>\n Under\u00a0section 11A<\/a>\u00a0of the\u00a0Matrimonial Causes Ordinance<\/a>\u00a0(\u00a0Cap. 179<\/a>\u00a0of the Laws of Hong Kong) , except in the case of a Joint Application for divorce, the Court shall not hold the marriage to have broken down irretrievably unless the applicant for divorce (i.e. the petitioner) satisfies the Court of one or more of the following facts:<\/p>\n In the case of a Joint Application for divorce, both parties must prove either or both of the following two conditions to the Court (\u00a0section 11B<\/a>\u00a0of the\u00a0Matrimonial Causes Ordinance<\/a>\u00a0):<\/p>\n If there are children of the family who are under the age of 18, you must include in your petition your proposal as to their custody and access. If you wish to apply for ancillary relief such as maintenance, transfer of property, division of matrimonial assets, etc., you should also pray so in your petition.<\/p>\n Note:<\/strong>\u00a0According to\u00a0section 11C<\/a>\u00a0of the\u00a0Matrimonial Causes Ordinance<\/a>\u00a0, a husband and wife shall be treated as “living apart” unless they are living with each other in the same household.<\/p>\n You are advised to consult a lawyer before submitting the relevant documents and attending hearings in the Family Court.<\/b><\/p>\n You need to go through the following stages:-<\/p>\n Presenting a petition for divorce<\/p>\n Serving (delivering) my petition to my spouse<\/p>\n Fixing a court hearing date<\/p>\n Decree Nisi \u2013 a tentative court order for divorce<\/p>\n Final order for divorce<\/p>\n To start divorce proceedings, you need to fill in:<\/p>\nA. What are the grounds for divorce? Must I explain why I want a divorce?<\/h2>\n
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B. How do I apply for divorce? (with a brief summary of the relevant procedures)<\/h2>\n
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1. Presenting a petition for divorce<\/h3>\n