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  • 3 Post By mrgoodkat

Divorce from overseas

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  1. #1

    Join Date
    Feb 2013
    Posts
    159

    Unhappy Divorce from overseas

    Terrible situation and topic , but one I'm trying to find more information online but hasn't been fruitful.

    Wife and I , Hong Kong married but now live overseas with children. Divorce unfortunately is necessary.

    Before getting expensive overseas lawyers involved ($3k per hour, lovely) , could anyone help with the below questions:

    1. Can we file divorce in current or does it have to be with HK ?
    2. Living in the UK, any major differences in divorce laws ?
    3. Expect we can agree mutually on 99% of aspects of the divorce , do we still need a lawyer ?

    Appreciate any help, thanks.


  2. #2

    Join Date
    Aug 2006
    Posts
    7,517

    I think one of you needs to be living in Hong Kong.

    https://www.judiciary.hk/en/court_se...s/divorce.html


  3. #3

    Join Date
    Jan 2010
    Posts
    6,452

    You have to divorce wherever you are residing.

    shri, JAherbert and qhank like this.

  4. #4

    Join Date
    Dec 2002
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    薄扶林
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    Quote Originally Posted by mrgoodkat:
    You have to divorce wherever you are residing.
    I think the caveat is that the country you're residing in, has to recognise the foreign marriage. I think this is universal ... no clue what the exceptional cases are, if any.

    Family CLIC has some guidance on foreign marriages / getting divorced in HK. I would assyme that the same logic would apply to dissolving a HK marraige overseas.

    https://familyclic.hk/en/category/to...tters/divorce/

  5. #5

    Join Date
    Feb 2021
    Posts
    240

    You don’t need a lawyer to divorce a HK marriage. I’m just not sure whether you need to file it here in person or whether you need a legal rep if you decide to stay put in the UK.


  6. #6

    Join Date
    Feb 2005
    Location
    Manchester, UK
    Posts
    7,789

    easy peasy la in UK, just fork out £593 fee

    https://www.gov.uk/divorce


  7. #7

    Join Date
    Feb 2013
    Posts
    159

    thanks all, main question answered........... can apply in UK for divorce.

    Anyone know if the ruling / laws in HK vs UK on divorce are different ? Want to ensure we are protected as much as possible once agreement is made.

    I'm hoping agreement can be made amicably, time will tell.


  8. #8

    Join Date
    Jan 2019
    Posts
    1,237
    Quote Originally Posted by marshy104:
    thanks all, main question answered........... can apply in UK for divorce.

    Anyone know if the ruling / laws in HK vs UK on divorce are different ? Want to ensure we are protected as much as possible once agreement is made.

    I'm hoping agreement can be made amicably, time will tell.
    protecting from what?

  9. #9

    Join Date
    Nov 2016
    Posts
    310

    You should just get divorced in what country you are in as long as you are a natural citizen from that country. Just because you were married in HK doesn’t mean you can only get divorced in HK. No. By the way, my personal motto: Don’t get married! I’m not by choice and I love it! Freedom is so important. Plus less headaches. More money too for you. Good luck!