Whenever you are petitioning to own divorce proceedings your self membership, submit a beneficial petition function and take it really with the Members of the family Legal Registry, M2, Wanchai Rules Process of law, Wanchai Tower, a dozen Harbour Path, Hong kong.
For folks who plus companion features agreed to together apply to new legal, you need to together fill in a mutual application and you will complete it as above.
Jurisdiction during the divorce
- (a) sometimes of one's events towards the marriage was domiciled inside the Hong Kong from the time of the petition otherwise software;
- (b) both of your parties to your matrimony is constantly citizen inside the Hong kong on the ages of three years quickly preceding new go out of your petition otherwise application; otherwise
- (c) possibly of your events for the matrimony had a substantial commitment which have Hong kong within date of your own petition or software.
Just how appropriate marriage can i petition getting separation and divorce?
Until the latest courtroom lets or even, you can begin a good petition to possess splitting up as long as you may have been married for at least 1 year.
Can i define as to the reasons I want a divorce case?
You need to be capable demonstrate that you provides grounds (otherwise "grounds") to own saying that the wedding is at an end. The word new courtroom uses try "the wedding possess irretrievably divided".
- that your particular mate features enough time adultery and you view it bitter to reside that have your / their unique
- that your particular partner have behaved in a way which you cannot be fairly expected to accept him / her
- that you and your spouse have lived apart having a continuing period of at the least 12 months in advance of filing the new petition and he / she agrees so you're able to a divorce case
- you along with your companion features stayed aside getting a continuing period of at the very least two years prior to filing new petition (in this situation the spouse's agree to a split up is not required)
- that your particular companion provides left behind you for an ongoing age of at least 1 year prior to filing the new petition
- In the example of a shared application, you and your spouse need convince the fresh legal (a) that you have stayed apart from each other to possess an ongoing chronilogical age of at the least one year before you make the applying; otherwise (b) not below 1 year before the and work out away from the application form an alerts (Setting 2E) closed because of the each of such as for example parties was given into court which the fresh new observe was not next taken.
When the you'll find pupils of members of the family who happen to be in chronilogical age of 18, you must use in your own petition your proposal as to its child custody and you can availability. If you'd like to make an application for supplementary recovery particularly maintenance, import from property, department of matrimonial assets, an such like. you should also hope therefore on your own petition.
Can i you would like legal counsel?
Entry an effective petition otherwise joint application for divorce proceedings throws legal legal proceeding into the action, you will get it helpful to find legal services prior to people entry is created.
Inside the trying to legal services, you may need to benefit from the Court Support Plan applied of the Judge Support hot dutch women Institution (Tel: 2537 7677) or simply like their solicitor. To possess info, please make reference to the brand new "Tips pertain Legal Assist in Municipal Times" leaflet which is available after all Courts, Courtroom Assistance Company place of work and you can Societal Inquiry Service Centres from inside the District Organizations. Every year, the law Area off Hong kong (Tel: 2846 0500) publishes a listing of Hong kong Law offices, which has a listing of providers addressing matrimonial instances. It directory can be consulted publicly Inquiry Services Hub away from Region Workplaces, societal libraries and at work of your Laws Community off Hong-kong.