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Marriage in HK, divorce abroad: how does it work?

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  1. #1

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    Nov 2015
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    Question Marriage in HK, divorce abroad: how does it work?

    Hi everybody,

    My boyfriend and I are getting married in HK and as happy as we are right now, we know that life can twist and turn. So we want to understand what happens if we need to get divorced in the future. So this is a hypothetical situation.

    We are both European citizens, not permanent residents here in HK and we will be married here in HK. Most probably in about 2 years we will not be living in HK - possibly in Europe or US. So in that case, if say we both want to get divorced and live in Sweden at the time:

    1) Would we need to divroce this following the HK laws on custody and assets?
    2) Would we need to do this physically in HK?
    3) Would we be able to just apply for divorce in the country where we are living at the time and then just inform HK marriage registry?

    Thanks for your help.

    Alma Vida likes this.

  2. #2

    i think you should just ask the solicitor/marriage fella who's gonna marry you.. they should know all the details, or give u advice


  3. #3

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    Nov 2015
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    Thank you for the quick reply. I will try that.


  4. #4

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    Quote Originally Posted by Mchadwick:
    i think you should just ask the solicitor/marriage fella who's gonna marry you.. they should know all the details, or give u advice
    Ask about divorce just before you get married??

    Not a good idea lol
    Andy SNK likes this.

  5. #5

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    Not sure if the local lawyer will have more appropriate advice for you - given that he/she will not be familiar with your home country's laws.

    Ask a reasonably competent family / divorce lawyer back home how it would work if you were married overseas. I'm sure they'll have more experience dealing with this than guys here in HK, who probably might deal with "married overseas divorced in HK" laws.


  6. #6

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    Just sign a prenuptial agreement and get on with it....

    jimbo likes this.

  7. #7

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    I thought this was a simple thing, the country you file the divorce in that you are residing at when you file the papers is the laws that you will need to know and follow.

    If you have moved away then you wouldnt need to inform HK either of your marital status unless you came back to HK to live and work (tax issue)

    Ligaya gay likes this.

  8. #8

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    Sep 2015
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    Here is some information in respect of the UK: International divorce


  9. #9

    Generally speaking the courts with jurisdiction over your divorce will be the country / territory in which either of you reside at the time you file for divorce. If you reside if different countries, then you can have a legal battle over where to file for divorce. The country of marriage generally has little say. I am not a lawyer.


  10. #10

    Join Date
    Jan 2013
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    Yes that's the case. You divorce where you are living. There are certain things that foreign divorces might not be able to handle though such as children and alimony. But really you are thinking way too far ahead if you're thinking about divorce options even before you get married LOL. Very pragmatic.


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