Articles

This month, Sally Nicholes and Keturah Sageman from Nicholes Family Lawyers led a piece on spousal maintenance across varying jurisdictions with their IAFL Fellows. The article below explores how spousal maintenance is approached in Australia, Hong Kong, and New Zealand and examines each jurisdiction's legislative framework, the discretionary factors courts consider, and how concepts like the "clean break" principle and family violence intersect with maintenance obligations.

These cross-jurisdictional insights have been provided by Winnie Chow, a Hong Kong-based family lawyer and former Vice-President of the IAFL, and Inger Blackford, a Barrister based at Trinity Chambers in Auckland, New Zealand.

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Your marriage has ended and you decide you want to leave Hong Kong.  This could go be to back to your home country, for a new job, to move with a new partner, or just to start afresh somewhere new. Whilst there may be no restriction on you from leaving Hong Kong, the same is not always the case for your child/children. This is even if there are no court proceedings or court orders in place. A parent needs to be very careful as to steps taken before taking a child out of Hong Kong.

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Divorce ends a marriage, but it does not end your shared responsibility as parents to your children. Good co-parenting communication is an important factor in helping children settle and eventually thrive after their parents separate and divorce. Research consistently shows that children adjust best to the shifting dynamic from being part of an intact family living in a single home to living in two homes after their parents’ separation, when their parents maintain a respectful relationship focused on the children’s needs and future wellbeing rather than dwelling on past disagreements. Effective communication reduces conflict, lowers stress for everyone, and models healthy emotional skills for your children.

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Divorce ranks as one of the top 5 most stressful life events; it is a very challenging transition for the family as a whole. For couples contemplating separation and divorce, it can sometimes feel inevitable that litigation will be the way forward.  However, mediation offers a constructive alternative to battling it out in the Family Court.

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In Hong Kong, the ability for one parent to apply for financial support from the other parent for an adult child (over 18 years old) is limited and depends on the specific circumstances. There are a range of Orders that can be made in matrimonial proceeding (under the Matrimonial Proceedings and Property Ordinance (“MPPO”), such as periodical payments (child support), secured periodical payments and/or a lump sum and/or transfer of or settlement of property. These applications by a parent (often unmarried parents), or guardian, can also be made for the benefit of a child outside of matrimonial proceedings under the Guardianship of Minors Ordinance (“GMO”).

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April is Neurodiversity Celebration Month, and the United Nations General Assembly having declared 2 April as World Autism Awareness Day.

Neurodiversity refers to the natural neurological differences in brain function and the processing of information. These differences influence emotion, learning, attention, communication and social interaction.  Common examples include autism, ADHD, Tourette’s syndrome, dyslexia and dyscalculia, to name a few.  

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In Hong Kong, the parental authority and responsibility of a mother and father who are married, are equal. However, the legal position of unmarried fathers is significantly different from that of an unmarried mother. With respect to a child born out of wedlock, legally the mother is automatically endowed with full custodial rights and parental authority, whilst the biological father has none. This is regardless of his name appearing on the birth certificate or any recognition of his paternity.

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Surrogacy is a complicated subject that requires particular attention by the commissioning couple, i.e. the couple who commissions a third party to bear and give birth to a child on their behalf. One of the most important things to note is that the commissioning couple of a surrogate child must obtain a Parental Order in Hong Kong in order to secure their status and rights/responsibilities as the legal parents of the child in Hong Kong. This is regardless of any parental orders which may have been obtained overseas.

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September has been quite a roller coaster ride for the advancement of same sex rights in Hong Kong.  We went from the exhilarating peak of the landmark decision on 9 September 2025, declaring it unlawful not to allow a lesbian couple to register together as parents of their son who was conceived via fertility treatment, to the trough within 24 hours, as our Legislative Counsel voted down the 2nd reading of the Registration of the Same-sex Partnerships Bill (“the Bill”) by an overwhelming the majority of 71 votes against, 14 votes in favour.

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In a groundbreaking development for family law in Hong Kong, a dedicated multidisciplinary team has successfully completed the city’s first two six-way Collaborative Practice cases back-to-back, setting a new standard for peaceful and amicable divorce resolutions. This innovative approach to divorce dispute resolution brings together legal, psychological, and financial professionals to support families in reaching settlements without resorting to court battles or contentious litigation.

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As Hong Kong’s birth rate continues to decline, and in 2023 the median age of first-time mothers has risen to 32.9, Hong Kong authorities proposed in March 2025 to lift the 10-year storage limit for frozen gametes (including eggs and sperm) and embryos for own use, irrespective of the gender, age, medical or social conditions of the person. The consultation period for this proposal ended on 23 April 2025.

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Going through a divorce is hard enough, but having to sit through a Court hearing and listen to lawyers and your soon to be ex-spouse argue over what may or may not be included in the matrimonial pot of assets to be shared with you, adds to the hardship.

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In Hong Kong, navigating fertility options is increasingly complicated especially for those seeking alternatives to traditional methods.  A recent report from Bloomberg discusses a woman who travelled abroad for treatments and a same-sex couple who turned to the black market due to local restrictions on surrogacy.

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(Jurisdiction for Divorce – Can I divorce in Hong Kong?)

 You have lost that loving feeling – and the marriage is over.  You are now contemplating divorce.

 With Hong Kong being such an international city, many families may have ties with other countries around the world.  So, how do you know if you can proceed with a divorce in Hong Kong? 

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The decision whether to relocate with the children after a relationship breaks down is often the most polarizing situation that separating parents encounter.  It is either stay or go;  there is usually no middle ground, allowing for a compromise between the country in which one parent wishes to remain, and the other country to which the other parent wants to relocate.  Nor can you create a “Solomon’s baby” situation and split the child.

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You may have properly commenced and engaged in proceedings in Hong Kong where at the start, both Parties were living and working in Hong Kong, and the children were also studying in school here. However, Hong Kong can be a transient place; things change, especially upon the breakdown of a marriage/relationship. One Party may decide to relocate, sometimes followed by the other Party, with their children in tow.

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