Hong Kong Agreed Divorce: Joint Application or Unilateral Application?
Requirements for Joint Application for Divorce in Hong Kong
In Hong Kong, a Joint Petition for Divorce requires both parties to the marriage to prove that the marriage has broken down irretrievably and to provide evidence to prove the following facts:
- the parties to the marriage have resided apart for at least one consecutive year immediately before the filing of the joint application for divorce; or
- not less than one year before the application for divorce, the court has received a written notice signed by both parties to the divorce that they intend to apply to the court for the dissolution of the marriage, and that the notice has not been subsequently withdrawn.
In practice, it is common to rely on the first scenario above, i.e. where the parties confirm that they have been separated for one year and apply for a divorce jointly.
Where both parties consent to the divorce, is it better to apply unilaterally or jointly?
Where both parties to a marriage have consented to a divorce and have been separated for one year, the option of divorce by unilateral petition or by joint petition is available.
In the case of a unilateral petition, one party files the divorce petition as the petitioner and the other party responds as the respondent. The Respondent may file with the Court an acknowledgment of service of process stating consent to the divorce and acknowledgement of the fact that the parties have been living apart for one year, and the Petitioner is required to file with the Court his or her own affidavit in support of the divorce petition.
If the petition is filed jointly, both parties are required to sign a Joint Petition for Divorce, and both parties are required to submit a jointly signed affidavit as evidence in support of the divorce petition. If the Joint Petition for Divorce and the Joint Affidavit are approved by the court, the court may grant a divorce.
Do I choose to file a Unilateral Petition for Divorce or a Joint Petition for Divorce?
Where both parties agree to a divorce and have been separated for one year, in most cases, there is no significant difference in choosing either of the two options, and the time required for the divorce and the specific procedures are similar.
It is important to note:
- If a joint petition for divorce is chosen, either party can apply to the court to withdraw the petition before the court issues an absolute decree of divorce. An application to convert a temporary divorce order into an absolute divorce decree also requires both parties to sign the application. Therefore, by choosing this option, it is possible for either party to choose not to proceed halfway through the process.
- In the case of an ex parte application for divorce, after the Respondent has filed a Recognition of Service of Process with the Court agreeing to the divorce and confirming the separation for a period of one year, the Applicant may continue the divorce proceedings unilaterally, without the consent or co-operation of the Respondent.
Regardless of whether the application is made unilaterally or jointly, for issues relating to children (e.g. custody, access, maintenance) and property (alimony, division of property, etc.), if both parties can reach an agreement, they can apply to the court by way of a joint summons application for the court’s approval; if they cannot reach an agreement, they can proceed to a hearing through the appropriate procedures.
For legal issues relating to divorce in Hong Kong, you are welcome to consult the solicitors in our family and matrimonial law team.
For more information on Hong Kong Divorce Procedures, Child Custody and Alimony for Divorced Children in Hong Kong, Divorce Property Division and Alimony Issues in Hong Kong, Hong Kong Matrimonial (including Prenuptial) Property Agreements, Marriage in Hong Kong and Wedding Celebrants and other related legal issues, please refer to the Hong Kong Matrimonial and Family Law Services page.
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