Posted by
aussieinhk
20 yrs ago
Does HK have such a law? EG. If you live with someone for a certain period of time in Australia, you are considered "married" and if you split, subject to all the usual proceedings regarding property settlement etc.
Does it apply in HK and what is the time period?
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Doubtful. HK law is based on UK law. In England and Wales there is no such thing as a common law spouse even if kids are involved, despite what people think. Scotland is slightly different.
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Unfortunately that is incorrect. In the UK common law relationships are recognised and are also recognised as such when it comes to separations and break-ups. These will be treated in the same way as marriage break-ups except when it comes to legal recognition for children.
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Jaykay - apologies, however I do think you are in correct. Common law is no longer recongnised under UK law and are no longer treated as marriage break ups and this has been the case now for some years now. As such there is no Common Law in HK. As a result of this couples living together in the UK no draw up co-habitation agreements. I am very sure I am correct here but always worth checking.
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Just looked again cathyjane and you're right. I remember this being spoke about by Tony Liar about 2 years ago when I was in UK. As with his usual speeches on various subjects it seems he has talked the talk yet again! This was supposed to have changed in 2003 (I think - although could have been longer - lost sense of time nowadays) but looks like no actions were taken.
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The concept of common law wife is not set out in the statute law but recognized by the HK court at the Common Law. The court can assume that a valid marriage subsists where the parties have gone through a form of ceremony followed by cohabitation or where the parties having cohabited and had the reputation in the community of being married, etc. Unless and until the de facto marriage is proven otherwise, a spouse is entitled to all standard relief including property settlement from the court. If you would like to know how to protect your legal interests right at the beginning or to know any further details, please attend our office (Messrs. Weir & Associates of Room 2108, 21/F, Gloucester Tower, The Landmark, 11 Pedder Street, Central, H.K. Tel. 2526 1767) for a conference at a moderate hourly rate of US300.
Weir & Associates
Tel : (852) 2526-1767
Fax : (852) 2868-3568
email : weirlaw@hongkonglaw.com
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