How to File for Divorce in Hong Kong Without a Lawyer

"I can't possibly do this without a lawyer."

I hear that sentence more than any other. And I understand it. Nobody grows up planning a divorce, and nobody is taught the procedure at school. But the law is clear: you have the right to bring and run your own case in the Family Court. Thousands of people in Hong Kong do exactly that every year. They are called litigants in person, and the Court deals with them every single day.

What you need is not a law degree. You need a map, and the patience to follow it one step at a time.

Step One: Can You Divorce in Hong Kong?

Before anything else, the Hong Kong Court must have the power to hear your case. It does if, when you file, you or your spouse:

• are domiciled in Hong Kong (broadly, Hong Kong is your permanent home); or
• have been habitually resident in Hong Kong for at least three years; or
• have a substantial connection with Hong Kong.

Step Two: Your Reason for the Divorce

The law calls this the "ground". If you are filing alone, there are five, set out in section 11A of the Matrimonial Causes Ordinance (Cap. 179): adultery, unreasonable behaviour, desertion for one year, one year's separation with your spouse's consent, and two years' separation without it.

If you and your spouse have lived apart for at least one year and you both agree, you can file together as a joint application under section 11B. This is usually the quickest and least painful route.

Step Three: Gather the Forms

Think of the forms as the bricks of your case. Each one has a single job:

• Filing alone: the Petition (Form 2), a statement about the children if you have any under 18 (Form 2B), the Notice of Proceedings (Form 3), the Acknowledgment of Service for your spouse to return (Form 4), a Statement of Truth, a Certificate as to Family Mediation, and a sworn affidavit in support (Form 21).
• Filing together: the joint application (Form 2C), the joint statement about the children (Form 2D), and the joint mediation certificate.
• If you want financial orders, such as maintenance or a share of the flat, you also file Form A.

The forms are available from the Family Court Registry in Wanchai Tower and on the Hong Kong Judiciary website.

Step Four: File at the Family Court Registry

Take your completed forms and your original marriage certificate to the Registry in person, and pay the filing fee. Once the staff are satisfied, your Petition is sealed with the Court's red chop and given a case number. From that moment, you are the Petitioner, and your divorce has begun.

Step Five: Serve Your Spouse

Your spouse must be formally told about the case. This is called service, and a text message over dinner does not count. The documents can be handed to your spouse by a process server, sent by registered post, or delivered to their solicitor. Your spouse then has eight days to return Form 4 to the Court.

If your spouse does not oppose the divorce, the case goes onto the Special Procedure List. The Court grants a Decree Nisi, usually without either of you attending. Six weeks later, you can apply for the Decree Absolute, which ends the marriage.

How Long Will It Take?

A straightforward joint application often takes six to eight months. Where you disagree about money, property or the children, it can take a year or two, sometimes longer. The single biggest factor is not the law. It is how the two of you behave.

Before You File

Here is my one rule: prepare your documents in full before you file anything. A case built on organised paperwork moves faster, costs less and is far less frightening.

If you and your spouse can talk, consider mediation before you file. Agreeing the arrangements for money and children privately can save you months.

This article is general information, not legal advice.

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