A divorce case is a jigsaw puzzle. The Judge has to see the whole picture, but can only work with the pieces you hand over. Leave pieces in a drawer at home, and the picture the Judge sees is not your life. It is a guess.
In the Hong Kong Family Court, many decisions are made on the papers alone, without anyone giving evidence in the witness box. Your documents do the talking. So it pays to know exactly which ones you need, and to have them ready before you start.
Two Kinds of Documents
There are two kinds of documents in every divorce:
- the court forms, which start the case and move it along; and
- the papers behind them, which prove what you say about your marriage, your children and your money.
The Court Forms
If you are filing alone, the core forms are 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 (Form 4), a Statement of Truth, a Certificate as to Family Mediation, and a sworn affidavit in support (Form 21). If you want financial orders, you also need Form A. If you and your spouse are filing together, you use the joint versions instead.
Finding the right forms has traditionally meant, for the public, queuing at the Family Court Registry, although there is a small selection available on the Hong Kong Judiciary website. The complete set of 300 Family Court forms, summonses and draft orders is gathered in one place at briefcase.hk, in English and Traditional Chinese. Briefcase is currently for legal professionals, so if you have a solicitor, they may already use it. It opens to the public in 2027.
The Papers Behind Your Case
This is where most people are caught out. Buy three ring binders and a packet of dividers, and label the spines: Personal, Financial and Legal.
Your Personal File holds the documents about you and your family:
- your marriage certificate (take the original when you file);
- identity cards and passports;
- your children's birth certificates;
- school reports and any relevant medical records;
- messages, emails and letters between you and your spouse.
Your Financial File holds everything about money:
- twelve months of statements for every bank account, including joint accounts;
- twelve months of credit card statements;
- payslips, your employment contract and recent tax returns;
- MPF and pension statements;
- property deeds, mortgage statements or your tenancy agreement;
- insurance policies, loans and other debts;
- your household bills and the children's expenses, from school fees to swimming lessons.
Your Legal File holds everything the case itself produces: the sealed Petition, proof of service, the Acknowledgment of Service, every order and summons, and all letters to and from the Court or the other side.
Why the Financial File Matters Most
If you and your spouse cannot agree on money, you will each have to complete Form E, a detailed financial statement backed by evidence. Fill your Financial File now and Form E becomes a matter of copying numbers across. Leave it until the deadline and you will be hunting through drawers and guessing. Judges notice the difference.
One Last Piece: Your Chronology
Write a simple timeline of your marriage in date order: when you met, married, had children, bought property, moved, separated. Facts and dates only, no commentary. It helps you think clearly, and it gives the Judge the story at a glance.
Start Today
Put a contents page at the front of each binder and list every document as you add it, with its date. It feels tedious now. Months from now, when you need one particular bank statement in a hurry, you will thank yourself.
This article is general information, not legal advice.
Caroline Langley is a barrister and HKMAAL accredited mediator at Justice Chambers, Admiralty, with more than thirty years at the Bar across four jurisdictions, and the founder of Just Law Education. Read more about Caroline.
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