Expat applying for divorce in HK

Ok, I am not a lawyer but I have some personal experience with divorce proceedings in HK. Firstly, will your husband contest the divorce? That alone will probably require you to retain a solicitor. Secondly, I gather from your post that your husband and children live in another country so even if you were able to file what is called a joint application (where both parties agree to the divorce) in Hong Kong it wouldn't be processed because both spouses have to be physically present at every step of the proceedings. You will probably need to file for divorce in your country of origin and that could be exceptionally difficult if your husband contests it and you can't be there for the proceedings. I would suggest that you go the the Hong Kong Judiciary website and look into legal aid there but I have to tell you that I don't think there's any way legal aid would pay for proceedings in another country.

What Legal Aid do is have a means test to work out if you're eligible to, firstly qualify for legal aid and secondly make a contribution towards your costs. The formula they use is monthly income minus monthly deductions, times it by 12. Then they add your capital. Then add of 5% of your net capital. Capital is divided into three parts: income, capital assets (ie bank accounts) and property or investments you own. Then they assess what sort of contribution you may have to pay. So if your legal fees are $20,000 and they assess you have to make a contribution of, say, $2,000 that's what you end up paying. It's no point comparing what one person paid yesterday or 7 years ago, everyone is judged on their own merits. Why don't you go to Legal Aid and make an inquiry with them. If you're on HKG Island, they're at the Queensway Government Offices in Admiralty. They'll be able to tell you whether you're eligible or not.


As you've lived in HKG for 5 years, the courts here will have jurisdiction to hear your divorce.


You have to serve your husband with the divorce papers. So whether he agrees to the divorce or not does not matter in your case because you've been separated for so long. You just have to file an acknowledgement of service with the courts to prove you've attempted to file him with the papers.

It can take months even when the other party agrees. The costs are not significant in that case (a few thousand dollars) and you do not necessarily need legal representation to file a joint application. However, they insist that both parties be physically present for the filing of a joint application and I am not aware of any exceptions to this, but ask a legal professional because it could save you a lot of money and trouble in the long term if there are exceptions. Also, if you choose to file the forms for a joint application on your own just make sure you fill them out VERY CAREFULLY because if you don't that can cause significant delay in setting your case down for a trial date.

am doing my divorce at the moment and its almost finish all i can say is to make it cheaper u have to to the main office in wanchai to get those forms u needed and u can fill up ans submit those requirments.. then if u have any question that u cant solve or the best for u u can apply for the ligal aid . ive than those things. and then u go to a private lawyers.. if u get in touch with me am happy to tell u am i have done...

you can do it by yourself and save a lot of money and head ache.


send me a message if you want more details.