David Wong
Financial Consultant
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How long does it take to file for divorce unilaterally?
We specialize in navigating the complexities of divorce and offers support in handling all legal procedures discreetly and efficiently.
Filing for divorce on your own (without your spouse’s agreement) can be complicated. You must submit a divorce petition to the Hong Kong Family Court Registry, showing that the marriage has broken down irretrievably. This is the standard applied by Hong Kong courts.
According to Section 11A of the Matrimonial Causes Ordinance (Cap. 179), the court will accept the divorce if at least one of the following conditions is met:
01
Both parties agree to divorce and have lived apart for at least one continuous year
02
Unilateral divorce, with at least two years of separation
03
Adultery committed by one spouse
04
Unreasonable behavior by one spouse
05
Abandonment by a spouse for at least one year
Once the petition is filed, the applicant must deliver a sealed copy to their spouse in person or by post. If children are involved, custody details must be included.
Given the complexity of unilateral divorce, it’s recommended to work with a lawyer who can help with the paperwork, child custody terms, and any alimony agreements.
Let me know if you’d like a more formal or more conversational version.
How to file for divorce if one spouce is missing?
What if your spouse disappears or won’t cooperate?
In most situations, both parties agree that the marriage has ended and proceed with a joint divorce filing. However, complications arise when one spouse permanently leaves or vanishes—resulting in a “missing spouse” case.
Even in such situations, divorce is still possible—such as when the couple has been separated for two years or when abandonment has lasted for at least one year. The main difficulty lies in serving divorce papers when the other spouse cannot be located.
Why Serving the Divorce Petition Matters:
If you don’t have the other person’s current address, you can’t serve the divorce petition—this is referred to as a missing spouse case. In such instances, you’ll need to ask the court for substituted service (e.g., publishing a legal notice), which may increase costs.
If your spouse is missing, you can still proceed with the divorce—but the court will require evidence that you made reasonable efforts to locate them or published notice through official channels.
Required Documents for Divorce Filing:
01
Marriage certificate and related divorce documentation, including:
- A copy of the marriage certificate
- Proof of previous cohabitation
- Current addresses of both parties
- Contact numbers, job details, and the exact date of separation
02
If children are under 18, provide:
- Full name, date of birth, gender
- Residential and school addresses, current school grade
- Financial support, custody arrangements, and visitation schedule
03
If the child is over 18, only:
Name, date of birth, and birthdate documentation are required
One-Stop Divorce Consulting Service
We help clients resolve divorce-related matters such as child custody, unilateral divorce, property division, and other legal arrangements—typically within seven months—saving time, reducing stress, and avoiding prolonged legal entanglements.
Marriage Records and Certified Copies in Hong Kong
- Divorce consultation appointments
- Drafting of divorce documents
- Alimony calculation and assessment
- Handling matters related to children born out of wedlock
- Evaluation of unreasonable behavior claims
- Assistance with modifying custody orders
- Unlimited phone consultations regarding your divorce case
Have any questions?
Six weeks after the court issues a decree nisi, you can apply for a decree absolute. If you and your spouse can reach an agreement on the divorce, arrangements for children, and financial arrangements (the three main elements of the divorce process), the entire divorce process, from inception to the issuance of a decree absolute, should take approximately seven to eight months . The length of time required for a divorce depends on the number of issues in dispute; contested divorces can take a year or even longer.
How long a divorce takes depends on how the parties handle the legal aspects of the divorce . For example, among the various grounds for divorce , if both parties agree to divorce after separation for more than one year, the divorce process can proceed more quickly as there is no accusation of each other's behavior or fault in the marriage .
The petitioner has been deserted by his or her spouse for at least one continuous year before the petition for divorce is filed . For a joint petition, both parties must satisfy the court that (a) they have lived apart from each other for at least one continuous year before the petition for divorce; or (b) a signed consent form (Form 2E) has been filed with the court not less than one year before the petition for divorce and has not been subsequently withdrawn.
Simply put, if both parties agree to a divorce and there are no issues regarding assets or child custody, they can proceed with the divorce process themselves, without the need for a divorce lawyer. For a divorce where both parties agree, they must prove that they have been living apart for at least one year. Then, both parties complete a joint application form and submit it to the Hong Kong Family Court Registry, along with the original or a copy of their marriage certificate, along with a fee of approximately HK$600 .
First, literally, separation means that a couple lives apart, usually when one spouse moves out of the marital home and no longer lives together as a couple. If the period of separation lasts one year and the couple is cooperating, they can file for divorce based on the one-year separation . If the period lasts two years, they can also file for divorce based on the fact that they have lived apart for two years , without the other spouse's consent.
An asset trust is a transfer of ownership of assets from an owner to a trustee, who then manages the assets according to the trust's purpose. In recent years, many individuals have established asset trusts before marriage, hoping to avoid having to share assets with their spouse in the event of a divorce . The principle is that once premarital assets are transferred to the trust, they are no longer considered marital assets in the event of a divorce , eliminating the right of the other spouse to divide the assets.
Divorce attorney fees vary. Even a simple divorce case can range from $3,000 to $10,000 or more . Divorce attorney fees depend on several factors: The complexity of the dispute.
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.
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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.