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  • 1 Post By Ellenna

Divorce question

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  1. #1

    Join Date
    Mar 2010
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    6

    Divorce question

    It’s a simple question (hopefully): if a couple plans to get divorced, there are no kids, no assets except cash which both agree to split equally, both have always worked and earn similar salaries, both agree to the divorce, things are amicable, neither wants to spend on divorce lawyers – is there any reason why divorce lawyers should be involved rather than just filing a joint application directly with the courts? Cheers.


  2. #2

    Join Date
    Feb 2016
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    No need to involve a lawyer. File a joint application for divorce. Lots of info on the HK judiciary website


  3. #3

    Join Date
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    I'm not sure it is that simple. Your citizenship could impact the legality of a divorce obtained in HK if you are not HK citizen. You would need to look from the perspective of legality of foreign divorce in the country of your citizenship.


  4. #4

    Join Date
    Aug 2017
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    You could hire a mediator back home, simple fixed cost.


  5. #5

    Join Date
    Sep 2010
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    Been in similar situation. No need for lawyer, just file the joint application. If needed you then arrange for the recognition of the divorce in your home country. In my case it involved getting official translation of the divorce papers sent to the relevant officials back home and voila, I'm divorced there as well.

    chuckster007 likes this.

  6. #6

    Join Date
    Apr 2003
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    sounds great, except circumstances can change, if one party changes his/her mind half way through during the process, it does happen


  7. #7

    Join Date
    Oct 2007
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    Locally - no need. But as @Eva C has written, rules in your home country might add issues - not with regards to the divorce per se, but with regards to asset / spousal support. E.g., if you get divorced today in HK, relocate to your home country and your spouse decides there to come after you for money, it's not an automatism that their case is dismissed.

    That being said, if (a) indeed the only asset is cash and (b) no kids are in the picture and neither spouse put their career on hold for the other and (c) you plan to stay in HK for the foreseeable future then indeed I wouldn't worry and just get the paperwork done here without a lawyer


  8. #8

    Join Date
    Mar 2010
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    Forgot to quote.

    Last edited by Marler; 05-08-2021 at 02:06 PM. Reason: Forgot to quote

  9. #9

    Join Date
    Mar 2010
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    Quote Originally Posted by Eva C:
    I'm not sure it is that simple. Your citizenship could impact the legality of a divorce obtained in HK if you are not HK citizen. You would need to look from the perspective of legality of foreign divorce in the country of your citizenship.
    If the marriage took place in Hong Kong then presumably there's no issue?

  10. #10

    Join Date
    Feb 2018
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    NT
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    Quote Originally Posted by Marler:
    If the marriage took place in Hong Kong then presumably there's no issue?
    I can't comment from legal perspective. But I would tend to agree with @er2 's assessment. Go ahead and get it done anyhow.

    Maybe check with your consulate and see if they have any information to set your mind at ease about any potential future hassles when you are back in your own country. I know U.S. is a bit complicated with different states having different rules.