David Wong
Financial Consultant
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What is considered "separation"?
Separation means the couple no longer lives together as husband and wife — typically when one spouse moves out of the marital home. If they have been separated for one year and both agree, they may apply for divorce. If they’ve been separated for two years, one party may file without the other’s consent. The period of separation must be stated in the divorce petition.
Proof of Separation
Unless the date of separation is disputed, no evidence is required. If the other party contests it, the burden of proof lies with the person filing for divorce.
Ways to prove separation include:
01
One party applies for divorce, but there is no agreement on property division or child custody.
02
Both parties divorce in Hong Kong without settling property or assets registered under one spouse’s name.
03
The couple registered in Hong Kong, but one partner disappeared and cannot be contacted.
Living Apart Under the Same Roof
Separation typically means the couple no longer lives together, often when one spouse moves out.
However, if moving out isn’t possible, the court may still recognize separation under the same roof — as long as the couple lives independently. This includes sleeping in separate rooms, no sexual relationship, eating separately, and clear communication that one party wishes to separate.
Key Legal Differences for Unmarried Cohabiting Partners
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Can I apply for separation papers myself?
Separation agreements are increasingly common. We recommend that both parties agree on key matters with legal assistance, including:
○ Suspension of cohabitation obligations
○ Division of marital property
○ Debt responsibility and repayment
○ Spousal maintenance and its amount
○ Child support and custody arrangements
○ Future divorce procedures
○ Other matters related to the marital relationship
- Drafting all required divorce documents
If the other party does not dispute the date of separation, no documentation is needed. But if the separation date is contested, the filing party must provide proof. Since affidavits, supporting documents, and hearings are required to prove two years of separation, many people choose to wait out the period before proceeding with divorce. - Alimony assessment and calculation
Cohabiting partners who are not legally married do not share the same rights as married couples. They are not entitled to tax benefits, pensions, public housing eligibility, or medical entitlements. Regardless of how long they’ve lived together, cohabiting partners are not recognized as legal spouses and do not receive the same legal protections.
What Affects Alimony Calculations in Hong Kong Divorce?
01
Both parties mutually agree to separate.
02
The marital property includes: [List items]. It will be temporarily managed by [Party A/Party B]. Neither party may rent, sell, or dispose of the property without the other's consent.
03
Existing joint assets and debts are as follows: [List]. Joint assets will be temporarily managed by [Party A/Party B]; joint debts will be handled as agreed.
04
Individual debts and claims existing before separation shall remain the responsibility of the individual. Any new debts or claims during separation shall be addressed individually.
05
Joint debts or claims incurred during separation will be handled as follows: [Specify].
06
Each party will manage their own finances and may refuse financial requests from the other.
07
Each party will manage their own personal life and expenses during the separation. Neither may interfere in the other’s social or family life, and no contact is required.
08
Custody of [Child’s name] will temporarily remain with [Party A/Party B], who will provide monthly child support of RMB [Amount].
09
Any income earned during separation belongs to the individual who earned it.
10
[Party A/Party B] will provide spousal support of RMB [Amount] per month.
11
[Party A/Party B] has the right to visit the child [X] times per month, with arrangements as follows: [Specify date, time, location].
12
After 12 months of separation, either party may file for divorce. The other party agrees not to object.
13
This agreement is made in two original copies, one for each party. It becomes effective upon signature, and the separation period begins from the date [Party A/Party B] moves out.
FAQs: Separation Agreement and Its Role in Divorce
Separation often begins when one partner no longer wishes to live with the other, without proceeding directly to divorce. Its main purposes include:
- Reducing conflict and avoiding impulsive divorce decisions
- Allowing time apart to calm down and reflect on possible reconciliation
- Simulating post-divorce realities such as living alone or managing child custody
- Preventing domestic violence
- Serving as a basis for divorce proceedings and providing supporting evidence
Separation or divorce may serve as grounds for property transfer in cases involving special housing types such as:
- Home Ownership Scheme (HOS)
- Private Sector Participation Scheme (PSPS)
- Tenants Purchase Scheme (TPS)
Under the Housing Ordinance, these properties cannot typically be transferred unless two years have passed since the original sale, or a premium is paid. However, the Housing Authority may approve a transfer under special circumstances, such as divorce or formal separation.
After marriage, spouses are legally obliged to live together. Refusing to cohabit may be deemed "unreasonable behavior," which can be used as grounds for divorce.
Still, Hong Kong law allows couples to waive this duty by mutual agreement.
According to the Matrimonial Causes Ordinance, a couple may:
- Enter into a private separation agreement
- Apply to the court for separation under the ordinance
Under common law, separation is not just about living arrangements but also about intention—whether the marriage is still considered ongoing, and whether reconciliation is possible. A formal agreement helps remove such ambiguities.
Separation is an accepted legal ground for divorce:
- If both parties agree and have been separated for at least 1 year, they can file for divorce
- If one party does not consent or is missing, a 2-year separation is required
- Lease agreements and utility bills (e.g. water, electricity, gas) with matching addresses
- A separation letter issued by a legal professional, stating the date and terms of separation
- A signed separation agreement (preferred, though legal fees are higher than a simple letter)
One-Stop Services for Divorce and Separation
Key matters such as child custody, unilateral divorce, and property division can typically be resolved within seven months—helping clients avoid long-term legal stress and move forward with peace of mind.
- Schedule a divorce consultation
- Drafting of divorce documents
- Alimony calculation and assessment
- Support for children born out of wedlock
- Evaluation of unreasonable behavior
- Custody order modifications
- Unlimited phone consultations throughout the process
Our Divorce Services
We combine family law expertise with personalized guidance and practical solutions for every client.
Divorce Procedures
Fast, discreet handling of all divorce applications and related matters.
Alimony Guidance
We help calculate fair alimony payments — whether agreed upon or decided by court.
Child Custody Consultation
Support in securing custody arrangements, including sole or joint custody as approved by the court.
China & Hong Kong Divorce Advice
Expert consultation on divorce procedures across both legal systems, tailored to your specific situation.
Three-Step Divorce Support Process
Handle with care — build a new chapter together
01
Understand Your Situation
Through our online case system or direct consultation, we listen with empathy and help you understand your marriage status. Based on your needs, we offer practical advice on your next steps.
02
Clear Costs, Transparent Process
We provide affordable services, explain the full process in advance, and give you a clear picture of the possible outcomes—so you always know what to expect.
03
Ongoing Support Throughout
From assigning your dedicated team to preparing documents and completing procedures, we provide continued assistance for over seven months, staying in close contact every step of the way.
News & Blog
Our News & Update
Client Testimonials
What Our Clients Say
"Going through a divorce was emotionally draining, but the team at this firm made everything manageable. They explained each step clearly and helped me reach a peaceful agreement with my ex-husband. I felt supported and respected throughout the process. Highly recommend them for anyone facing a similar situation."
Jessica Lee
Marketing Manager
"I needed a fast and discreet divorce process, and they delivered exactly that. The ‘Quick Divorce’ option saved me months of stress and legal hassle. Their team was responsive, professional, and truly efficient. I couldn’t have asked for a smoother experience."
Ms. Chen
housewife
At a key moment in my life, this law firm offered me clear guidance. Thanks to their support, my daughter and I have started fresh and secured both property and alimony from my former husband.
Mr. Zhang
Accounting Work
While divorce wasn’t our first choice, forcing the relationship would not have made us happy. This law firm helped me and my ex-wife find the best solution to co-parent peacefully. I’m grateful to the entire team for their consistent support and guidance throughout my case.
Comprehensive Divorce Solutions
We provide complete support for all types of divorce cases — including unilateral divorce, quick divorce, standard divorce procedures, and separation-based divorce. Our team is committed to helping clients overcome challenges at every stage with care and efficiency.
If you need assistance, contact us today for professional guidance.