Can I Get Divorced In Hong Kong?

With the rising trend of Hong Kong couples getting married abroad and a steady flow of expatriate couples coming to work in the city, it is not surprising that couples married outside of Hong Kong are faced with the question of whether they can get divorced in Hong Kong if the relationships fails.

Hong Kong Court recognises foreign marriages as long as the marriage was valid under the law in force at the time of the marriage in the foreign jurisdiction. This means that foreign marriages have the same legal standing as marriages in Hong Kong.

Before the Hong Kong Family Court considers a divorce application, the husband or wife must prove to the Court that either individual:

  1. is domiciled in Hong Kong- an individual is domiciled in Hong Kong if he or she has physically lived in Hong Kong and intends to make Hong Kong their home for an indefinite period;

  2. has been a habitual resident in Hong Kong for 3 years prior to the divorce application- an individual is a habitual resident in Hong Kong if he ordinarily resides and returns to Hong Kong after visiting other places; or

  3. has substantial connection with Hong Kong- substantial connection are all the personal factors of the husband or wife which connect him or her to Hong Kong.

Individuals need to rely on their background to prove to the Court that they satisfy one of the three factors above. For example, the length of time they have been in Hong Kong, whether they have a Hong Kong Identity Card, employment in Hong Kong or assets in Hong Kong. The Court will consider, on a case by case basis, the background of the parties and decide whether it has the jurisdiction to consider the divorce application. If the Court rules that it has no jurisdiction to entertain the divorce application, the parties cannot get divorced in Hong Kong.

Can I Get Divorced In Hong Kong If I Have Assets Outside Of Hong Kong?

The Court will consider the assets of both individuals and whether they are located in Hong Kong or overseas. The fact that either individual has assets outside of Hong Kong does not prevent the Hong Kong Family Court from entertaining a divorce application or making Financial Orders in relation to overseas assets.

Would A Hong Kong Family Court Order Be Enforceable Outside Of Hong Kong?

Orders granted by the Hong Kong Family Court are enforceable in some jurisdictions outside of Hong Kong. However, due to the rise of cross border marriages between Hong Kong and Mainland Chinese residents, the governments of both jurisdictions are passing laws to widen the range of Matrimonial Orders enforceable in both jurisdictions.

Given the hurdles for a divorce application and in enforcing a Hong Kong Matrimonial Order overseas, it would be wise to seek legal advice from a solicitor early on to know your position in obtaining a divorce in Hong Kong.