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In Sheung Wan, as elsewhere in Hong Kong, the laws governing divorce and separation are comprehensive. Following the Marriage Ordinance, couples can only file for divorce after being married for a least one year. The person applying for the divorce (petitioner) must prove that the marriage has broken down irretrievably, which could be due to adultery, unreasonable behavior, desertion, living apart for one year with consent, or living apart for two years without consent.
Legal advice may be especially needed in contentious divorce cases, where issues regarding property division, child custody, or alimony payments are disputed. An experienced lawyer can help navigate the intricacies of the law and ensure fairness in the settlement. If your partner has initiated the divorce proceedings, it's crucial to have a legal representative who can defend your rights and interests. In amicable separations, having a lawyer ensures that all legal documents are appropriately handled, and nothing is missed or overlooked.
Key aspects of local law in Sheung Wan relating to divorce and separation include the division of property, spousal support and child custody. Hong Kong follows the principle of 'equal sharing', which means marital property is generally divided equally between parties, unless there is a valid reason to deviate from this. Spousal maintenance isn't automatically granted but can be awarded based on circumstances and needs. Child custody decisions are made primarily with the child's best interests in mind, which may include considerations of the child's wishes, parent's ability to provide, and the continuity of the child's life.
Yes, you can still proceed with the divorce even if your partner does not consent if you've been living apart for at least two years.
This is often termed a 'consensual divorce.' A joint application is submitted to court, and if acceptable terms are decided upon, the divorce is granted.
The court considers the best interests of the child when determining custody arrangements. This may not always align with the parents' preferences.
Yes, depending on individual circumstances, you may be entitled to spousal maintenance. Courts consider several factors like earning capacity, any special needs, and lifestyle during the marriage.
In uncontested cases, you normally wouldn't need to be present. For contested divorces or hearings regarding custody or division of assets, your presence would usually be required.
You could consider reaching out to the Family Court in Hong Kong, which provides comprehensive advice on marriage and divorce-related issues. Confidence Law Firm and Joanne, Antoinette & Co, located in Sheung Wan, can provide specialist advice. The Hong Kong Family Welfare Society offers counselling and legal services that could be very helpful.
If you feel you need legal assistance, you should first conduct some basic research to understand your situation. This may involve reading up on the Marriage Ordinance and other relevant legislation in Hong Kong. Arming yourself with basic knowledge will ensure that you are better equipped to work with a legal practitioner. The next step would be to choose and retain an attorney who specializes in divorce and separation. Your chosen attorney or law firm will then guide you through your case while advocating for your best interests.
