Divorce while outside HK



ORIGINAL POST
Posted by behindblueeyes 9 yrs ago
I am married to a local HK citizen. We were married in HK. Presently in the US with not much chance of returning to HK any time soon, can we affect a divorce while I am outside of Hong Kong?

We don't have any children, nor will either of us contest the split.

Any advice will be much appreciated.

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COMMENTS
behindblueeyes 9 yrs ago
Anyone?

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wallfloweree 9 yrs ago
It is possible but your wife needs to fully co operate by signing and returning the requisite papers
But either one of you needs to be residing in Hk at time of petition
Suppose none of you is relying on social securities then it would not be likely to be summoned personally to court in Hk

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behindblueeyes 9 yrs ago
WALLFLOWEREE, thank you.

A few more facts:

Neither of us is contesting the matter.
My spouse is willing to be completely cooperative.
My spouse is a HK Chinese citizen and is resident in Hong Kong.
We have lived apart for longer than a year.

Do we file a Joint Application, under the first clause quoted below?

"In the case of a Joint Application for divorce, both parties must prove either or both of the following two conditions to the Court ( section 11B of the Matrimonial Causes Ordinance ):

-that the parties to the marriage have lived apart for a continuous period of at least 1 year immediately preceding the making of the application; OR
-that not less than 1 year prior to the making of the application a written notice (Form 2E) signed by both parties of their intention to apply to the court to dissolve their marriage was given to the Court and that the notice was not subsequently withdrawn."

Again, I really appreciate your help.

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wallfloweree 9 yrs ago
Not necessarily byjoint application
Your wife can be the Petitioner and you be the respondent
In such case the procedure would be less complicated for you
All you need to do is to fill in and sign on the Form 4 properly, send it back to her lawyer or she file it with court on your behalf by herself , that's it
Whereas if by joint application you would need to personally swear on Form21 affirmation before a solicitor in Hk.

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