You’ve lost that loving feeling – now what?
(Jurisdiction for Divorce – Can I divorce in Hong Kong?)
By Winnie Chow, Collaborative Practitioner, Partner of CRB
https://www.crb.com.hk/en/winnie-chow
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?
It actually does not matter where you were married, what nationality you and your spouse are, or where your children were born. Nor does it matter if you and your spouse are not both in Hong Kong.
What matters are the prevailing circumstances at the time you issue the divorce proceedings. There are three ways of invoking the jurisdiction of the Hong Kong Court to deal with the breakdown of a marriage. They are :–
1. Either the husband or the wife is domiciled in Hong Kong at the date of the divorce petition;
2. Either the husband or wife was habitually resident in Hong Kong throughout the period of three years immediately preceding the date of the divorce petition; or
3. Either of the husband or the wife had a substantial connection with Hong Kong at the date of the divorce petition.
Sometimes, there may be more than one jurisdiction which can deal with the divorce. This becomes a balancing exercise to determine the most natural or appropriate Court in which to proceed.
Where one should issue the divorce proceedings and how one may be able to invoke the jurisdiction of the Hong Kong Court would be dependent on the factual matrix of each case. Therefore, if you are currently contemplating divorce in Hong Kong, you should seek advice to determine the most appropriate jurisdiction and basis on which to proceed.
This publication is general in nature and is not intended to constitute legal advice. You should seek professional advice before taking any action in relation to the matters dealt with above.
