Desertion as grounds for divorce in HK?

Hello, please shed some light in this issue. Can a wife file for divorce here in hk on the grounds of desertion? The husband left and went to live in another country with no trace.


What can wife do? What are her legal and matrimonial rights? There are children involved. No financial support whatsoever from the scumbag husband. How can wife file for spouse/child maintenance if she does not know where her husband is? The only contact they had last was a dodgy email. Husband would not disclose his new address.


Wife want to go to a solicitor, but does not have the funds to afford one for legal consultation.


Any advise would help. Thanks

Go to a solicitor. Not that expensive for divorce.

[UPDATE] Please note that fee quotes stated in historic postings may be out-of-date.


If one or more of the facts set out in section 11A of the Matrimonial Causes Ordinance (Cap. 179) is/are satisfied, the court would hold the marriage have broken down irretrievably. Desertion is one of the grounds set out there, in which at least one (1) year desertion preceding the presentation of the petition is required.

The husband “leaving without trace” seems to be a difficult case to pursue a claim for maintenance and financial support from him. Requesting the Court for a nominal maintenance order, which allows the wife to retain her rights to apply for maintenance in the future might be a possible option.


Weir & Associates

Solicitors & Notaries

16th Floor Tak Shing House

20 Des Voeux Road Central

Central

Hong Kong

Tel : 2526-1767

Fax : 2868-3568

Email : WeirLaw@weirandassociates.com

www.weirandassociates.com/weirlaw

Thank you so much for taking the time to actually giving an answer. Much appreciated!

I did try to file for a divorce but the family court said i need my husband's signature.. any advice on this? i have the same case as above but no kids.. more or less how much are lawyer fees? thanks very much