Divorce lawyer in Hong Kong: conditions for divorce in Hong Kong
A divorce lawyer in Hong Kong must be very familiar with Article 11A of the Matrimonial Proceedings Ordinance (Chapter 179 of the Laws of Hong Kong) which stipulates that the petitioner must rely on one or more of the following facts to prove that the marriage has “broken down irretrievably”:
1. Adultery as a basis of Divorce Petition in Hong Kong
If the respondent has committed adultery and the petitioner finds it intolerable to live with the respondent, this can be basis for the Petitioner to file a divorce application. It should be noted that adultery by one of the parties is a ground for a petition for divorce, but it usually does not affect the distribution of property. The divorce petitioner needs to present evidence to the court to prove that the other party has committed adultery and that the petitioner believes that he cannot tolerate to live with the other party. For example, the blood test report of the child shows that the husband is the natural father of the child born out of wedlock.
2. Unreasonable Behavior as a basis of Divorce petition in Hong Kong
If, due to the Respondent’s unreasonable behavior, the petitioner cannot reasonably expect to live with the Respondent, the Petition may apply for divorce the the basis of the Respondent’s unreasonable behavior. For example, the respondent often physically or mentally abuses the petitioner or his parents or children, or the respondent has a bad habit of drinking or taking drugs, or the respondent often does not pay for the household, or the respondent frequently leaves home unreasonably, gambling, etc.
3. Separateion for 1 year and Respodeng agrees to divorce
If the two parties to the marriage have lived separately for at least 1 consecutive year before the petition is filed, and the respondent agrees to the court issuing an order to dissolve the marriage, this forms a legal basis for the Petitioner to file a petition for divorce.
The Respondent must clearly and unequivocally agrees to divorce (the law does not recognize the default). Separation of households can be a manifestation of both parties in the marriage actually have separated. Although both spouses may still under the same roof, if they fail to fulfill the responsibilities and obligations of the husband and wife (including sexual acts), they can also be regarded as separated by law. On the contrary, even if the two parties live in different places, if they still lives in the way that a husband and a wife do, it is not considered to be separated.
4. Separation for 2 consecutive years immediately before the Petition
If the parties of the marriage have lived separately for at least 2 consecutive years immediately before the petition is filed, this can be good basis for any party to file a divorce petition. According to Section 11A(2)(d) of the Matrimonial Causes Ordinance (Chapter 179), regardless of whether the respondent objects or not, the petitioner can file a petition for divorce after 2-year separation. There is no need to obtain the consent of the respondent. As long as the petitioner can prove the fact that the two parties have been separated for more than two years, the petitioner can directly petition to the court for divorce without having to prove to the court that the respondent has any improper facts.
5. Abandon for 1 Consecutive Year
If the respondent has abandoned the petitioner for at least 1 consecutive year immediately before the petition is filed, this can be a valid cause for the court to grant a divorce decree. According to Section 11A(2)(e) of the Matrimonial Causes Ordinance (Chapter 179), if the petitioner can prove that the respondent has abandoned the petitioner for at least one consecutive year the petitioner can directly petition to the court for divorce. The petitioner needs to prove to the court that the two parties have been separated for more than one year, and that the respondent has lived separately from the petitioner permanently without reasonable or justified cause.
For divorce legal affairs in Hong Kong, please do not hesitate to consult our divorce lawyers in Hong Kong.