Divorce decision-making
What are the procedures for unilateral application for divorce?
1. Married for at least one year (except with court approval)
2. Filing a petition for divorce with the court
- Apply to the Family Court on your own or
- Represented by a lawyer or
- Apply to the Legal Aid Department for assistance
3. Confirmation of delivery of documents
3.1 Petitioner to serve a sealed copy of the petition on the respondent through a third party or by post
3.2 The Respondent is required to submit an acknowledgement of service (Form 4) to the Court within eight days
4. Listing for Hearing (relating to child custody arrangements, access arrangements, financial arrangements, etc.)
〈Lack of consensus on financial arrangements〉
- Submission of Financial Statement (Form E)
- First appointment
- Financial Dispute Resolution Hearings (presided over by a Master or Judge of the Family Court)
〈Lack of consensus on child custody and access arrangements〉
- The court will instruct the Social Welfare Department to prepare a Social Investigation Report
- Submission of Children’s Form (Form J)
- An appointment is made for the Children’s Dispute Resolution Hearing
- Children’s Dispute Resolution Hearing (to be presided over by a Master or Judge of the Family Court)
5. 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" (Petition)” (Form 5) is submitted to file in the court applying to make the decree nisi absolute, formally terminating the marriage relationship between both parties.
6. 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.
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
