[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=”An overview” module_class=”posttitle” _builder_version=”4.9.7″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” hover_enabled=”0″ sticky_enabled=”0″]<\/p>\n
[\/et_pb_text][et_pb_text _builder_version=”4.9.7″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” hover_enabled=”0″ sticky_enabled=”0″]<\/p>\n
Unmarried cohabitant couples do not have the legal status of married couples and thus do not enjoy the benefits attached to married couples, which includes tax, pension, medical and public housing benefits. The most important fact is that, regardless of how long the cohabitants have been living together, cohabitant couples are not recognized as married couples under the law. Thus, cohabitant couples fall outside the scope of the rights enjoyed by married couples.<\/p>\n
According to the\u00a0Intestate Estate Ordinance<\/a>\u00a0(IEO),\u00a0Cap. 73<\/a>\u00a0, if a person has not married his\/her cohabiting partner, and his\/her cohabiting partner dies intestate (without a will), he\/she cannot share in the estate of his\/her cohabiting partner(\u00a0section 4<\/a>\u00a0). According to\u00a0section 2<\/a>\u00a0of the\u00a0IEO<\/a>\u00a0, \u201cintestate\u201d also includes a person who leaves a will but dies intestate as to some beneficial interest in his\/her estate.<\/p>\n However, the\u00a0Inheritance (Provision for Family and Dependants) Ordinance<\/a>\u00a0(\u00a0Cap. 481<\/a>\u00a0) provides a way for a cohabiting partner to apply for financial provision from his\/her deceased partner, even if the deceased partner leaves no will and no legal status of husband or wife exists. According to\u00a0section 3(1)(b)(ix)<\/a>\u00a0of the\u00a0Inheritance (Provision for Family and Dependants) Ordinance<\/a>\u00a0, any person who has been maintained wholly or substantially by the deceased immediately before the deceased\u2019s death can apply for financial provision from the deceased person\u2019s estate. Therefore, if a cohabiting partner can prove that he\/she has been maintained by the deceased partner, then he\/she can still receive maintenance from the deceased\u2019s estate.<\/p>\n Hong Kong laws seek to protect cohabitants from violence in their relationships. The\u00a0Domestic and Cohabitation Relationships Violence Ordinance<\/a>\u00a0(\u00a0Cap. 189<\/a>\u00a0) allows victims of violence, whether in marriage or cohabitation relationships, to seek legal remedies and apply for court injunctions. For example, a person may apply for a restraining order to prevent the perpetrator or abusive partner from entering or remaining in their residence: under (\u00a0Section 3B<\/a>\u00a0of the\u00a0Domestic and Cohabitation Relationships Violence Ordinance<\/a>\u00a0).<\/p>\n For more details about domestic violence, please read \u201c\u00a0Domestic violence and assistance<\/a>\u00a0\u201d.<\/p>\n Where unmarried cohabitants have children, the mother has all the rights and authority regarding the child\u2019s custody and upbringing, while the natural father does not have automatic parental rights. To enjoy parental rights, the natural father must make an application for a Court Order under (\u00a0Section 3(1)(c)<\/a>\u00a0of the\u00a0Guardianship of Minors Ordinance<\/a>\u00a0,\u00a0Cap. 13<\/a>\u00a0).<\/p>\n In the event of a breakdsown in their relationship, cohabitants do not enjoy any legal rights. In particular, the law does not provide unmarried separated couples the same rights that are enjoyed by divorced couples following the breakdown of their marriage.<\/p>\n [\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section]<\/p>\n","protected":false},"excerpt":{"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=”An overview” module_class=”posttitle” _builder_version=”4.9.7″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” hover_enabled=”0″ sticky_enabled=”0″] IX. Cohabitation [\/et_pb_text][et_pb_text _builder_version=”4.9.7″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” hover_enabled=”0″ sticky_enabled=”0″] Unmarried cohabitant couples do not have the legal status of married couples and thus do not enjoy the benefits attached to married couples, which includes tax, […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"on","_et_pb_old_content":" Adoption is a legal process by which parental rights and responsibilities over a child are transferred from the birth parents to the adoptive parents. An adoption in Hong Kong must be effected in accordance with the Adoption Ordinance , Cap. 290<\/a> , Laws of Hong Kong. The guiding principle in the adoption process is the \u201cbest interests of the child\u201d ( section 8<\/a> of the Adoption Ordinance<\/a> ).<\/p> Local adoption service in Hong Kong is provided by the Adoption Unit of the Social Welfare Department and three non-governmental organizations, as Accredited Bodies:<\/p> The statutory requirements concerning the accreditation system in respect of local adoption in the HKSAR are set out in sections 26<\/a> , 26A<\/a> and 26B<\/a> of the Adoption Ordinance<\/a> .<\/p>","_et_gb_content_width":"","footnotes":""},"categories":[43,27,29],"tags":[],"class_list":["post-959","post","type-post","status-publish","format-standard","hentry","category-marriage-and-co-habitant-issues","category-matrimonial-matters","category-topics"],"yoast_head":"\nB. Protection from violence in cohabitation<\/h2>\n
C. Parental Rights<\/h2>\n
D. Upon Separation<\/h2>\n