FAQ's

FAQ's

It is noteworthy that, in the sole context of divorce proceedings, when both parties are in agreement and no dispute exists regarding the dissolution of the marriage, the timeframe between filing the Petition and obtaining the Decree Absolute typically falls within a range of 6 to 9 months.

It depends on what grounds you are applying for the divorce.  For example, if you and your spouse have separated for more than two years, one of the party can apply for divorce without the agreement of the other party.

Yes, StartNewPage can help you generate the necessary documents for divorce. However the case will be evaluated based on many other factors such as whether the spouse can be located and whether the divorce document
generated in our system can be served on the spouse.

In law, there is in fact only one ground for presenting a petition for divorce, namely, that the marriage has broken down irretrievably.
Unless it’s a joint application for divorce, the Court will only consider the marriage as irretrievably broken down if the person asking for the divorce (the petitioner) proves one or more of the following:

1. Your spouse has committed adultery, and you can’t tolerate living with him/her anymore.
2. Your spouse has acted in a way that makes it unreasonable for you to continue living with him/her. This could be a pattern of bad behavior, but even one serious incident can be enough.
3. You and your spouse have lived apart for at least one year, and your spouse agrees to the divorce.
4. You and your spouse have lived apart for at least two years before applying for divorce. In this case, your spouse’s consent is not needed.
5. Your spouse has deserted you for at least one year before you file for divorce.

Either spouse can file a petition for divorce if they meet the following conditions:

1. Residency Requirements: At least one spouse must be:
– A permanent resident of Hong Kong,
– Domiciled in Hong Kong, or
– Have been living in Hong Kong for at least three years before filing the petition.

2. Duration of Marriage: You and your spouse must have been married for at least one year before filing for divorce, unless there are exceptional circumstances where the Court may grant permission to file earlier.
Either spouse, based on these conditions, can initiate the divorce process by filing a petition in the Family Court

In Hong Kong, exceptional circumstances that allow a divorce petition to be filed within the first year of marriage are rare and typically involve extreme situations. The court may grant permission if the petitioner can prove that the case involves significant hardship or injustice if they were forced to wait the full year. Examples of such exceptional circumstances might include:

1. Severe Domestic Violence or Abuse: If one spouse is subjected to physical, emotional, or psychological abuse, the court may consider allowing an early divorce to protect the victim.
2. Extreme Cruelty or Misconduct: If there has been extremely harmful behavior or misconduct by one spouse that makes it unbearable or dangerous for the other to continue the marriage, an early petition may be granted.
3. Abandonment or Desertion: If one spouse abandons or deserts the other shortly after marriage, the court may consider this as grounds for early divorce.

In these cases, the petitioner must convince the court that delaying the divorce would cause unreasonable hardship or be unfair

Start New Page is not a law firm and its website as well as technology-enabled self-help services and forms are not a complete substitute for the advice of a lawyer.  Please note that blank divorce forms are available from the Hong Kong judiciary website. Communications between you and Start New Page are governed by our Privacy Policy but are not covered by the solicitor-client privileges.  Any purchase from Start New Page is subject to and governed by our Terms & Conditions.  All related legal services are provided by independent lawyers contracted through Tony Yuen & Co., Solicitors and are subject to a separate solicitor-client engagement.

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