Legal Information
- Legal Information
Legal Information
We deeply understand the pain of facing a marriage breakdown. During this difficult time, we hope to provide clients with comprehensive divorce consultation and services to help them resolve their situation as quickly as possible and regain their lives.
If you are considering divorce or are in the process of divorce, our team with lawyers can provide assistance. We have extensive experience in family law, particularly in dealing with issues arising from relationship breakdowns. We are committed to offering practical and realistic advice, tailoring solutions to meet each client's needs. While hiring a lawyer is not mandatory, seeking professional legal advice is crucial in cases of disputed terms or uncooperative spouses. Our experienced lawyers will work closely with you to address the following aspects:
- Divorce litigation, annulment, and separation
- Matters affecting children, such as custody and visitation arrangements
- Financial issues, including spousal support, division of family assets, and maintenance applications
Child Custody
If there are children under 18 in the family, the court will determine custody, care, and control of the children. Custody can be sole or joint. In sole custody, one parent is granted full custody while the other parent receives visitation rights. In joint custody, custody is shared between both parents, and they jointly make decisions regarding the children's daily care and well-being.
Ancillary Relief and Financial Matters
In divorce litigation, disputes over assets or one party seeking financial support from the other are quite common. The court will consider both parties' backgrounds before making any orders.
Marriage Duration of at Least 1 Year
According to Section 12 of the Matrimonial Causes Ordinance (Cap.179), under normal circumstances, a petition for divorce cannot be presented to the Hong Kong courts if the marriage has not lasted for one year.
Submitting an Application to the Court
There must be at least one party to submit a petition to the court in order to divorce.
Fixing a Hearing Date
After the application is submitted, the court will schedule a time to hear submissions from both parties.
Issuing a Decree Nisi
After hearing the submissions from both parties, the court will usually issue a Decree Nisi.
Issuing a Decree Absolute
Ultimately, in divorce proceedings, the court will issue a Decree Absoulte, meaning that both parties are divorced.
Financial Dispute Resolution (FDR)
Financial Dispute Resolution (FDR) is a procedure for applying for spousal support, where the court arranges the date for the first hearing. This process aims to resolve financial disputes between both parties and is divided into three stages:
(if the parties are unablen to reach a settlement)
Child Dispute Resolution (CDR)
Child Dispute Resolution is a channel for addressing disagreements between parents regarding child responsibilities, with the primary focus on the best interests of the children. This process aims to encourage parents to communicate effectively after the breakdown of the marriage and reach lasting agreements, avoiding the difficulties and legal costs of formal trials. The entire process is divided into three stages: