David Wong
Financial Consultant
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What’s Included in a Divorce Agreement?
When a divorce is finalized, both partners agree to live separately. However, for the divorce to take legal effect, it must be approved by the court. A separation agreement is usually prepared at the beginning of the divorce process. Its goal is to resolve disagreements by outlining how key issues will be handled.
Once approved by the court, the separation agreement becomes legally binding and carries the same weight as a court order.
With the help of a divorce lawyer or mediator, the spouses work together during the proceedings to settle on terms that typically include:
01
Property division
02
Financial arrangements
03
Child custody and support
04
Any other relevant disputes
Filing for a Divorce Agreement in Hong Kong
Whether the divorce takes place in China or Hong Kong, ending a marriage is a major life decision. Without clearly identifying your needs and reaching an agreement with your spouse, future disputes may arise—possibly even turning the relationship into a long-term conflict.
To file for divorce in Hong Kong, at least one of the following conditions must be met at the time of submitting the petition:
- Either spouse is domiciled in Hong Kong on the date the petition or application is filed;
- Either spouse has been ordinarily resident in Hong Kong for a continuous period of three years prior to filing the divorce petition or agreement;
- Either spouse has a substantial connection to Hong Kong on the date the petition or application is submitted.
Divorce Agreement Review
We help evaluate the contents of your divorce agreement, which generally includes personal details of both spouses—such as marital status, occupation, residential proof, and a list of assets.
Free Divorce Consultation
No matter your situation, we’re here to help. With over 15 years of experience, our team provides expert guidance tailored to your needs. We prioritize your best interests and strive to deliver exceptional results.
Alimony Support & Advocacy
When determining alimony, the court considers the creditworthiness, integrity, and specific circumstances of both parties. All decisions follow the criteria outlined in Section 7 of the Matrimonial Proceedings and Property Ordinance.
Divorce Agreement Guidelines
To be legally valid, a divorce agreement must be written, signed by both spouses, and approved by either the Hong Kong court or an authorized marriage registration body. This written agreement is a mandatory part of the divorce process.
Under Hong Kong’s marriage registration laws, both parties must agree to and sign the divorce agreement. This document confirms that both individuals consent to the divorce and have reached a mutual understanding on key issues such as child support, division of property, and debt resolution.
What Does a Divorce Agreement Include?
When entering into a Divorce Agreement in Hong Kong, it is essential for both spouses to thoroughly review and agree on every clause, especially regarding property division, to avoid future disputes. This agreement—sometimes referred to as a divorce petition—requires both parties to demonstrate reasonable grounds that the marriage has irretrievably broken down, which the court interprets as the marriage having reached a point of no return.
A standard divorce agreement typically includes the following elements:
01
Mutual Consent to Divorce
Confirmation that both parties agree to dissolve the marriage.
02
Child Custody and Support
Arrangements for custody, responsibility for child-related expenses, payment methods, and deadlines.
03
Division of Joint Property
A clear breakdown of how marital assets will be divided between the spouses.
04
Handling of Joint Debts
Allocation of responsibility for any shared debts, including repayment obligations.
05
Living Arrangements
Post-divorce living situations for each party.
06
Financial Support
Provisions for one party to provide financial assistance to the other, if needed.
07
Child Visitation Rights
Terms for visitation and mechanisms to ensure compliance.
08
Mutual Acknowledgment of Terms
Confirmation that both parties understand and agree to all terms outlined.
09
Signatures
Both spouses must sign the agreement.
10
Timeline for Agreement Preparation
Agreed-upon schedule for drafting and finalizing the divorce agreement.
Divorce Agreement Summary
Fast, discreet handling of all divorce applications and related matters.
While no one enters a marriage expecting it to end, divorce can sometimes be the only path forward. That said, the process is rarely simple—especially when navigating it in Hong Kong.
Our firm is here to support you. We specialize in advising on the most efficient divorce procedures and are backed by a dedicated team of experienced professionals and trusted partners who are well-versed in handling a wide range of divorce cases.
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.
Our services include:
- 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?
The cost of a divorce depends on the complexity of the case and whether you and your spouse can reach a consensus on any outstanding issues. If you and your spouse cannot agree on certain issues and require ongoing assistance from lawyers and barristers to resolve them, the cost of a divorce will increase.
The most cost-effective way to resolve a divorce is through mediation or by reaching an agreement between you and your spouse on the key issues.
The applicant should try to identify the reasons for applying for divorce and preferably provide sufficient evidence to prove that the marriage has reached its end and there is no turning back, which is what the court refers to as "the marriage has broken down beyond repair."
The court will accept as proof one or more of the following grounds:
‧The petitioner and spouse have lived apart from each other for at least 2 consecutive years before filing the petition for divorce. (In this case, the spouse’s consent to the divorce is not required.)
‧The petitioner has been deserted by his or her spouse for at least one consecutive year before filing the petition for divorce.
‧The petitioner and their spouse have lived apart from each other for at least one consecutive year before filing the divorce petition, and their spouse agrees to the divorce.
The spouse has committed adultery and the petitioner finds it unbearable to live with him/her.
The spouse's behavior makes it impossible for the petitioner to reasonably expect him or her to live with him or her.
If there are children under the age of 18, the proposed arrangements for child custody and visitation must be included in the divorce petition. On the other hand, if you intend to apply for the division of marital assets, transfer of property title, maintenance, etc., these must also be clearly listed in the divorce petition.
According to Hong Kong divorce procedures, a divorce application must be filed after more than 12 months of marriage. Section 12 of the Matrimonial Causes Ordinance (Cap. 179) states that, under normal circumstances, a petition for divorce cannot be filed in the Hong Kong courts if the marriage has lasted less than 12 months. However, there are two exceptions to this restriction: the petitioner or applicant faces extreme daily hardship; or the respondent (the petitioner or the petitioner's spouse) exhibits extremely depraved behavior.
Before a judge decides on a divorce case filed before the first anniversary of the marriage, he or she will consider the interests of any children of the family, as defined in section 2 of the Matrimonial Proceedings and Property Ordinance (Cap. 192), including non-biological children. The judge will also consider the reasonable possibility of reconciliation between the parties before the first anniversary of the marriage.
The applicant must prove the reasons for the divorce, indicating that the relationship has reached its end, or what the court calls "irretrievable breakdown". Under Hong Kong law, the following proof is generally permitted:
The spouse has committed adultery and the petitioner finds it unbearable to live with him/her.
The spouse's behavior makes it impossible for the petitioner to reasonably expect him/her to live with him/her.
‧The petitioner and their spouse have lived apart from each other for at least one consecutive year before filing the divorce petition, and their spouse agrees to the divorce.
‧The petitioner and spouse have lived apart from each other for at least 2 consecutive years before filing the petition for divorce. (In this case, the spouse’s consent to the divorce is not required.)
‧The petitioner has been deserted by his or her spouse for at least one consecutive year before filing the petition for divorce.
For a joint application, both applicants must prove to the court that:
- the parties have lived apart from each other for at least one consecutive year before applying for divorce; or
- A signed consent form for divorce must have been filed with the court at least one year before the divorce application, and the written consent form has not been subsequently withdrawn. If there are children under the age of 18, the divorce petition must include a proposed arrangement for child custody and visitation.
If you intend to apply for ancillary relief, such as maintenance, transfer of property title, division of marital assets, etc., you should also state this in the divorce petition.
The divorce petitioner's lease, utility bills, and other documents with proof of address can serve as proof of separation. Alternatively, a lawyer can send a letter to the spouse as soon as possible after separation, documenting the separation and the date of separation. The petitioner should retain a copy of the letter for future evidence in a divorce application.
Unless the factual basis for applying for divorce is that the two parties have been separated for more than one year, the other party's consent is not required.
However, as for arrangements for child custody and maintenance, it would be more appropriate to have an agreement between both parties. If there is no agreement, you can still apply for divorce.
Applicants need to prove their reasons for divorce, indicating that the relationship has reached its end, which is what the court calls "irretrievable breakdown".
Hong Kong law generally allows the following proof:
- The spouse has committed adultery and the petitioner finds living with him/her intolerable.
- The spouse's behavior is such that the petitioner cannot reasonably be expected to live with him or her.
- The petitioner and their spouse have lived apart from each other for at least one consecutive year before filing the petition for divorce, and their spouse agrees to the divorce.
- The petitioner and spouse have lived apart from each other for at least 2 consecutive years before filing the petition for divorce.
(In this case, the spouse's consent to the divorce is not required.) - 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 application, both applicants must prove to the court that:
- The parties have lived separately for at least one consecutive year before applying for divorce; or
- A signed consent form for divorce must have been filed with the court at least one year before the divorce application, and the consent form has not been subsequently withdrawn.
If there are children under the age of 18, the divorce petition must include a proposal for child custody and visitation arrangements. - In addition, if you intend to apply for ancillary relief, such as maintenance, transfer of property title, division of marital assets, etc., you should also state this in the divorce petition.
Source: familyclic.hk
You can remarry after obtaining a decree absolute. The timeline for granting a decree absolute varies, depending on whether an order regarding financial and custody arrangements for the children is granted.
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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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.