Frequently Asked Questions

You can petition for divorce based on unreasonable behaviour, adultery, desertion for one continuous year, one year's separation with consent, or two years' separation without consent. You only need to establish one.

An undefended divorce on the special procedure list can reach decree nisi within a few months. If finances or children are contested, the financial or children's dispute resolution tracks will run longer, sometimes a year or more.

No. You are entitled to represent yourself as a litigant in person throughout the entire process.

Either you reach agreement or the court decides through the financial dispute resolution process. The court considers the needs of any children, each party's earning capacity, standard of living, the duration of the marriage, contributions made by each party, and any physical or mental disability.

The court's paramount consideration is the welfare of the child. Arrangements are dealt with through the children's dispute resolution track. The court encourages parents to agree on a parenting plan covering living arrangements, time spent with each parent, schooling, and travel.

When you file for divorce, you will be given a Certificate of Family Mediation. You fill in this form to indicate whether you wish to try mediation. If you indicate that you do, the Integrated Mediation Office will contact you and invite you to attend an information session. Mediation is voluntary, but the court actively encourages it. The option to mediate remains open to you at any time during the proceedings.

You are expected to follow the same procedural rules as a lawyer. You must file documents on time, prepare bundles, comply with directions, and present your case at hearings. The court will make reasonable allowances, but it will not act as your adviser.

Yes. Under the Domestic and Cohabitation Relationships Violence Ordinance (Cap. 189), you can apply for an injunction to restrain your spouse from using violence or threatening you. In urgent cases, you can apply without notice to the other side.

You are required to give full and frank disclosure of your financial position in Form E. If your spouse fails to disclose or you suspect hidden assets, you can issue a questionnaire, request specific documents, or ask the court to draw adverse inferences at trial.

Enforcement depends on where your spouse has moved. Hong Kong has reciprocal enforcement arrangements under Cap. 188 for designated countries, and Cap. 639 for Mainland China. For countries outside these frameworks, you may need to bring a fresh application in the foreign court or seek a mirror order.