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Family Law in Hong Kong

Family Law in Hong Kong

Issues concerning family law 

Family law in Hong Kong governs aspects that involve marriage and divorce, pre-and post-nuptial agreements, child custody and parental responsibility, child adoption or child abduction. Foreign entrepreneurs and individuals who want to live and work in Hong Kong and want to start a family here can use the services provided by our Hong Kong lawyers specialized in family law.

Our law firm in Hong Kong can help in in a number of key areas, like marriage or divorce. Our lawyers who specialize in family law can also help you if you are interested in international family law.

Marriage and divorce in Hong Kong

The most important laws governing family matters in Hong Kong are the Matrimonial Causes Ordinance, the Matrimonial Proceedings and Property Ordinance, the Marriage Ordinance or the Guardianship of Minors Ordinance. Legal proceedings involving family matters are initiated at the District Court. Our Hong Kong lawyers can offer you legal representation if you are interested in initiating any legal proceedings for family matters.

Couples who want to get married in Hong Kong must apply for marriage registration. This is done at a special marriage registration department belonging to the province or municipality where the couple resides. A marriage that is concluded outside Hong Kong is recognized if it was performed according to the applicable laws. Pre- and post-nuptial agreements in Hong Kong are recognized but not binding. 

In case of divorce, Hong Kong courts have jurisdiction for these proceedings. The ground for divorce in Hong Kong is that the marriage has broken down irretrievably. The divorce petitioner must prove in front of court one of several acceptable situations for divorce, including adultery, unacceptable behaviour or the fact that the parties have lived apart for a continuous period of at least one year. Couples cannot apply for divorce in Hong Kong during the first year of marriage. Our lawyers in Hong Kong can help you apply for divorce.

Child custody in Hong Kong

In case of divorce, the custody of children under the age of 18 is established in court. Child custody in Hong Kong can be held by both parents or only by one of the parents. The decision is taken according to the best interests of the child. Adoption and surrogacy are also regulated by law in Hong Kong.

Individuals who wish to know more about other matters, such as immigration in Hong Kong, can reach out to our specialists. Applying for the right type of residence permit (called the right of abode in Hong Kong) is important for those who plan on remaining in the HKSAR with their families. Joining a spouse or another qualifying family member who already has the right of abode is possible, however, certain conditions apply, and our team can fully explain these.

For detailed information about family law, you can contact our law firm in Hong Kong. We can help you with any matter involving marriage, divorce, or child custody. Our Hong Kong lawyers are experienced in family law and treat each case with discretion and responsibility.