How to File for Divorce in Hong Kong: Step-by-Step Forms Checklist

Before you start: can you file in Hong Kong?

Two threshold points apply. First, you generally cannot petition within the first year of the marriage. Second, the Hong Kong courts have jurisdiction where either party is domiciled in Hong Kong, has been habitually resident here for the three years before the petition, or has a substantial connection with Hong Kong.

If those are satisfied, the case is started in the Family Court, and the proceedings carry an FCMC case number.

Choose the ground and the right petition form

Hong Kong law recognises one ground — that the marriage has broken down irretrievably — proved by one of five facts: unreasonable behaviour, adultery, desertion for one continuous year, one year’s separation with the other party’s consent, or two years’ separation without consent. The petition (Form 2) is drafted differently depending on the fact relied on, which is why Briefcase provides a separate petition template for each.

Where both spouses agree the marriage has broken down, they can instead file a joint application (Form 2C) — no blame is assigned and there is no respondent to serve.

The documents you file with the petition

Alongside the petition itself, the court expects a certified copy of the marriage certificate, and — where a solicitor acts — Form 2A, the Certificate with Regard to Reconciliation, confirming whether reconciliation was discussed. If there are children of the family under 18, Form 2B (or Form 2D for a joint application), the Statement as to the Arrangements for Children, sets out where they will live, their schooling and maintenance.

When you file, you also complete a mediation certificate indicating whether you are willing to attempt family mediation (Appendix 1 for a petitioner, Appendix 3 for joint applicants). Mediation is voluntary, but the court actively encourages it.

Service on the respondent and the reply

The court serves the petition on the respondent together with Form 3, the Notice of Proceedings, and Form 4, the Acknowledgment of Service. The respondent returns the acknowledgment stating whether the petition will be defended. Most Hong Kong divorces proceed undefended on the special procedure list.

Decree nisi, then decree absolute

In an undefended case the court fixes a date to pronounce the decree nisi, often without either party attending. Six weeks after decree nisi, the petitioner may apply on Form 5 for it to be made absolute; Form 5A covers the equivalent application in a joint application. Only the decree absolute ends the marriage.

Financial matters (ancillary relief) and children’s arrangements are dealt with in parallel — see the separate guides on Form E and consent orders.