Formalities and procedures for divorce of spouses from Hong Kong and China
In recent years, people from China and Hong Kong have been getting married frequently: the husband is from Hong Kong and the wife is from mainland of China, but such couple often gets divorce due to the following reasons. In this kind of divorce case between spouse from mainland of China and Hong Kong, the divorce formalities and divorce procedure can also be applied, but it often involves the disappearance of the spouse, and in most cases, the other side will get noticed in the form of newspaper advertisement, therefore, it will cost more, and it will take longer to obtain the divorce order issued by the court, which slows down the divorce procedure. Reasons for divorce may include:
* Differences in culture, habits and customs
* The husband’ s income in Hong Kong has declined, making the husband unable to fulfill the responsibility of support
* Affection and enthusiasm of the husband fade with time
* The husband abandons his wife, making the wife and the child lose their dependence
The Divorce Department has sufficient experience in dealing with such divorce cases of spouses from the mainland of China and Hong Kong, and can speak fluent Mandarin; the divorce application hotline is as follows: Hong Kong 6226 6627 / China 13431131343。
f both parties agree, it will take about six to nine months from applying for divorce to adjudicating divorce.
If the other party (Respondent) cannot be found, the Applicant needs to apply for another application in the divorce procedure, and shall inform the other party in the form of advertisement in newspaper. As a result, it will cost more, and will take a long time to obtain the court divorce order.
How long it takes for divorce depends on how the Applicant and the Respondent deal with matters related to divorce, for example, the couple are separated for more than one year in accordance with reasons for divorce, and both parties do not blame each other for their actions or faults in marriage, the divorce process can be handled in a faster way.
As for the whole procedure, including child custody, alimony and property distribution, there now arises harmony or dispute between the two parties. In case of the fact that the couple has no children, their marriage time is short, financial and income levels are close, or there is no large assets, the divorce process can be handled in a much faster way. In case there is a dispute between the two parties, the divorce court will have to hold a trial finally. In addition to the long delay, the cost will be much expensive. Therefore, the more disputes there are, the longer time of the divorce procedure is, and the longer the case will be settled.
Unless approved by the court, the divorce petition can only be filed at least one year after the couple gets married.
Circumstances of divorce, i.e. reasons for divorce, can be applied for.
In Hong Kong, divorce can be applied to the divorce court on the ground that the marriage is broken to irretrievable breakdown, and the Applicant of Divorce must prove any one or more of the following facts to obtain the court divorce order:
* The spouse gets adultery, that is, the spouse have had sex with a third member of the opposite sex, and the Applicant of Divorce can’t bear to live with the spouse (that is, cohabitation）
* The behavior of the spouse (such as gambling, neglecting family and violence) makes the Applicant of Divorce unable to continue to live with (i.e. cohabitation) under reasonable circumstances.
* The spouse abandons to take care of family continuously for at least one year.
* The couple lived apart with each other for more than one year in a row, and the other was willing to get divorced.
* The couple lived apart with each other for more than two year in a row
In terms of divorce procedures alone, it is the most common for couples to get divorce due to the fact that the couple lived apart with each other for more than one year in a row, and the other was willing to get divorced, in which case, the divorce procedure to be handled is also the simplest, and it is possible that the court divorce order (provisional approval) can been obtained within six months after the application with the least cost. However, in case the couple get divorced due to adultery or behavior, the expenses for divorce will be higher, and it will take a longer time to obtain a court divorce order.
Methods to prove separation are as follows:
* The lease and receipts of water, electricity, coal as well as other items, together with the proof of address in the envelope of the Applicant of Divorce.
* Certificate of separation, the Applicant of Divorce shall send an application letter to the spouse as soon as possible after the separation, recording the fact and date of separation. The Applicant of Divorce shall keep a copy of the letter as evidence for the divorce application in the future.
* Signing a separation agreement or a separation deed is the best way, but the other party must agree to sign them at a higher cost than the Certificate of separation.
* The husband and the wife have the obligation of cohabitation after marriage, but they can agree to separate
* Form of separation deed
* Content and function of separation deed
* More: apply for divorce and Certificate of separation on the basis of separation.