1. Divorce ground: separation and extra-marital affairs.
Practical Example: Sarah and James's case illustrates common grounds:
- Married 8 years
- Living separately in Hong Kong for 2.5 years (she in Mid-Levels, he in Kennedy Town)
- Both agree to divorce
- Valid ground: 2+ years separation with consent
Alternative scenario: Mary discovered her husband's long-term affair with evidence from:
- WhatsApp messages
- Credit card statements showing hotel bookings
- Witness statements from domestic helper Ground: Adultery with immediate petition possible
2. How long does a divorce really take?
Timeline Example:
Uncontested Divorce:
Month 1: File petition
Month 2: Acknowledge service
Month 3: Court hearing date set
Month 4: Decree Nisi granted
Month 5-6: Decree Absolute issued
Contested Divorce Example:
Months 1-3: Negotiations over maintenance
Months 4-6: Property valuation disputes
Months 7-9: Children's arrangements
Months 10-12: Court hearings
Months 13+: Final resolution
3. Financial Arrangements and Property Division
Real-World Example: David and Linda's asset division:
- Family home in Repulse Bay (HK$60M)
- Investment property in Shanghai
- David's banking bonus structure
- Linda's family business shares
- Joint savings: HK$15M
- MPF accounts
- Children's trust funds
Settlement structure:
- Home sold, proceeds split 60:40 (primary carer advantage)
- Investment property transferred to Linda
- David keeps banking bonuses
- Linda retains family business shares
- Savings split equally
- MPF accounts retained individually
4. Child Custody and Access Arrangements
Practical Example: The Chan family's arrangement:
- Two children (ages 8 and 12) at Chinese International School
- Father: Investment banker with regular travel
- Mother: Marketing executive with flexible hours
Custody solution:
- Joint custody (shared decision-making)
- Mother: Primary care and control
- Father's access:
- Every Wednesday dinner (6pm-9pm)
- Alternate weekends (Friday 6pm - Sunday 7pm)
- Half of school holidays
- Flexible arrangements during business trips
- Both parents attend school events
- Joint decisions on education and healthcare
5. Maintenance Calculations
Detailed Example: Family situation:
- Husband's income: HK$150,000/month
- Wife's income: HK$40,000/month
- Two children in international school
Monthly maintenance breakdown:
Children's Expenses:
- School fees: HK$25,000
- Extra-curricular: HK$5,000
- Daily expenses: HK$10,000
- Insurance: HK$2,000
Total: HK$42,000
Spousal Maintenance:
- Rent contribution: HK$20,000
- Living expenses: HK$15,000
- Insurance: HK$3,000
Total: HK$38,000
6. International Elements
Example Scenario: The Wong-Smith case:
- British husband, Hong Kong wife
- Properties in UK and Hong Kong
- Children studying in Hong Kong
- Frequent family travel
- Extended family in multiple countries
Considerations addressed:
- Jurisdiction choice (Hong Kong vs UK)
- Asset division across countries
- International access arrangements
- School holiday planning
- Passport holding arrangements
- Travel consent requirements
7. Enforcement of Orders
Practical Example: When John failed to pay maintenance:
- Warning letter sent
- Judgment Summons filed
- Attachment of Income Order obtained
- Direct payment from employer arranged
- Recovery of arrears scheduled
8. Mediation Process
Case Study: Emma and Peter's mediation:
- 4 sessions over 2 months
- Resolved:
- Property division
- Children's schedule
- Holiday arrangements
- Maintenance amounts
- Cost: HK$60,000 (vs potential HK$500,000+ in court)
- Time: 2 months (vs 12+ months in court)
Conclusion
Every divorce is unique, and while this guide provides comprehensive information, professional legal advice is essential for your specific situation. At Yip, Tse & Tang, we offer personalized guidance through each step of your divorce journey.
For detailed advice tailored to your circumstances, contact our family law team: 63799999 Stephanie Yuen, Partner
Note: All examples are composites based on typical scenarios, with details modified to protect client confidentiality.
