The equality of men and women in a conjugal partnership is reflected in the distribution of wealth. If the spouses fulfill one of the above conditions, they are entitled to file for divorce and make a joint application.
Residence or habitual residence is a recognized concept applicable only to Hong Kong and the ability of a party to establish a substantial connection with Hong Kong must be sufficiently demonstrated to the court by the parties for a settlement. The Court of Appeal will look at the parties’ place of work, the location of their assets and the homes of the parties and will consider whether the children of the family go to school in Hong Kong. The court will also examine whether the parties have a connection with the city and whether that connection is significant.
The divorcing couple will find they are entitled to file for divorce in England and Wales, as well as Hong Kong. If you are married in another country and present a marriage certificate, you can also file for divorce in Hong Kong. In Hong Kong, you can obtain sole custody of the child or share joint custody with the other parent.
How long the non-caring parent has access to the children depends on the agreement of both parties and is ordered by the court. Child issues in 中港離婚 in Hong Kong Special attention will be paid to the children of the former couple. The Family Court in Hong Kong is likely to grant joint custody to you and the other parent, which means that they can make joint decisions on the child’s most important issues like the country of residence, education, religion and health.
Matrimonial assets, including real estate in Hong Kong: It is beneficial for both parties to file for divorce on the territory if they are entitled to do so. It is possible to restrict property in Hong Kong by registering an application for assistance in the form of land registration proceedings with the Hong Kong Family Court. The owner will not be able to dispose of the property free of burdens at the Land Registry, but potential buyers and estate agents will have public documents available.
Couples in Hong Kong living in public or rented accommodation under special conditions must contact the Housing Authority before finalizing their divorce. It is not possible to impose restrictions on Hong Kong real estate while divorce proceedings are conducted in another jurisdiction. All provisions of the order must be made by the court in Hong Kong.
The Housing Authority will decide how to continue renting the apartment and will take into account the individual circumstances of Hong Kong couples currently living in special conditions, especially in public rented accommodation, and whether or not they have children. The financial and life-related implications of divorce in Hong Kong will also be taken into account when applicants decide to apply.
Family courts in Hong Kong consider the various factors mentioned above when it comes to custody, care and access issues, and the outcome will depend on the circumstances of the specific case. The caring parent is entitled to apply for financial support for the child.
Together, Hong Kong’s economic success and the natural passage of time have created considerable inherited wealth. As in California, inheritance funds received from individuals in Hong Kong must be taken into account, as they are part of a party’s asset pool.
Our Hong Kong divorce lawyers can provide more details about the distribution of assets in the event of a divorce. Please note that the period indicated is the legal practice of the time in Hong Kong and may vary from case to case.
Hong Kong courts use this to assess whether there are reasonable conditions for spouses to divide assets. There are no strict and quick rules about what constitutes a marital asset and when it falls into the spouse’s pot; everything depends on the circumstances of the case. Income and assets acquired before the marriage date are considered matrimonial assets but in some cases the courts have wide discretion to make exceptions, taking into consideration key factors such as the origin of the assets, the duration of the marriage and the needs of both parties.
Prior to the adoption of the Marriage Procedure and the Property Amendment Regulation in 2010, Hong Kong courts had the power to issue orders relating to financial claims following a divorce from abroad.