Divorce decision-making

What are the procedures for joint application for divorce?

1. Married for at least one year (except with court approval)

2. Submit a joint application to the court

• Apply to the Family Court on your own or
• Represented by a lawyer

3. Listing for hearings

If the court finds that the applicant has provided sufficient evidence regarding the contents of the application form, it will issue a certificate and file it. Both parties will receive a copy, which will outline the terms they have agreed upon. The litigants do not need to attend the hearing, and the court will issue a decree nisi.

4. Decree Nisi issuance (i.e. temporary divorce order)

Six weeks after the issuance of the decree nisi, the completed "Notice of Application for Decree Nisi to be Made Absolute (Joint Application)”. (Form 5A) is submitted to file in the court applying to make the decree nisi absolute, formally terminating the marriage relationship between both parties.

5. Decree Absolute issuance (i.e. final divorce order)

The court must be satisfied that satisfactory arrangements have been made for the welfare of the children of the family.

The above procedure assumes no disputes between the joint applicants regarding custody and visitation arrangements for children and financial arrangements.

To learn more about the legal responsibilities, rights, and resources related to divorce, please click to download the "Booklet on Divorce & Maintenance" at http://mediationcentrehk.org/l/maintenance-booklet-en

Source: Mediation Centre

Share

---