Parties to a registered marriage or a foreign marriage seeking a divorce must go through the Family Court of Hong Kong. To obtain a divorce in a Chinese customary marriage situation, the party or parties must first of all have the marriage post-registered or declared valid by the District Court.
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How much is divorce in Hong Kong?
All forms you need are available from the Family Court Registry and may be completed in English or Chinese. When you have filled them in, take them to the Family Court Registry for filing, together with your original marriage certificate or a certified true copy. The filing fee is $630.
Do I need a solicitor or lawyer for divorce?
The straightforward answer is yes you can divorce without a lawyer or solicitor, a fact that many people are simply not aware of. There are of course pros and cons of not using a lawyer or solicitor and so it’s important to be aware of the implications before you commit either way.
How long does a divorce take in HK?
Getting a divorce in Hong Kong normally takes four to six months, provided that both spouses can agree on the terms and will not raise further complications during the proceedings. In reality, many divorce cases present complex issues, especially in terms of children and/or division of the matrimonial assets.
How long does it take to get a divorce in HK?
If you and your spouse agree on the divorce suit, children’s arrangements and financial arrangements (the 3 elements to be resolved in a divorce), it will normally take about 7-8 months to get the final divorce order (Decree Absolute) to conclude the divorce proceedings.
What is a brief fee?
A brief fee is an agreed fixed fee that covers all the pre-trial preparation and the first day of the trial. A refresher is the fixed agreed fee for a subsequent day of the trial which includes the ongoing preparation before and after court each day as well as any conference.
What are the different types of legal costs?
There are three main types of legal costs that a Court can order an unsuccessful party to pay, namely party and party costs, attorney and client costs, and attorney and own client costs. Party and party costs are legal costs that a Court orders the unsuccessful party to pay to the successful party in a case.
How do barristers get paid?
Different barristers may charge for their work in different ways. For example, they may charge by the hour, or offer you a fixed fee for a particular piece of work, or how much you pay may depend on whether you win your case or not.
Who pays for a divorce?
One spouse may agree to pay for the legal fees and court fees and offset the total cost against assets such as joint savings. Who pays what will likely depend on the circumstances of each couple and how well they get on following the separation.
Can I get divorced without going to court?
It is possible to get divorced without going to court, as long as your partner agrees to the divorce and the reasons why. However, it is still possible that you will need to go to court to decide what happens to money, property and children.
Where do I start with divorce?
- File a document, called a Petition, to the Court to initiate the divorce process. Only one spouse can file for a divorce (the Petitioner). The other party is known as the Respondent.
- Apply for a Decree Nisi.
- Apply for a Decree Absolute.
Can a Filipino get a divorce in Hong Kong?
Answer: No, they cannot. If a divorce is obtained by two dual citizens — if both of them have Filipino citizenship at the time of the divorce — then that divorce cannot be recognized. Since they both have Filipino citizenship, they remain subject to the prohibition on divorce between two Filipinos.
Can I marry after filing divorce?
Absolutely NOT. Till the time your Divorce proceedings are pending in Court, whether its Contested or Mutual Consent Divorce, you cannot legally marry another person. As a matter of fact, you cannot marry again till the expiry of 6 months from the date of Divorce.
Is there alimony in Hong Kong?
Spousal maintenance orders are commonplace in Hong Kong. The order for spousal maintenance cannot begin before making an application for an order and cannot take effect until after decree absolute. Orders for maintenance pending suit can be made for a spouse prior to decree absolute.
How are assets divided in a divorce Hong Kong?
However, the Court of Final Appeal of Hong Kong had ruled in LKW v DD (2010) 13 HKCFAR 537 that a wife is entitled to half of the couple’s assets when they divorce in Hong Kong. This 50/50 rule will have major impact in cases where the financial assets are substantial.
Can we file divorce online?
No, mutual consent divorce petition cannot be filed online. You needs to appear twice before the Court of law for seeking a decree of divorce by way of mutual consent.
Can I divorce after 1 year separation?
You don’t need to give a reason to get a divorce or dissolution – this is sometimes called ‘no fault’. You can only get a divorce or dissolution after you’ve been married or in your civil partnership for at least 1 year. If it’s been under 1 year you can find out how to separate from your partner.
Is legal aid available for divorce?
Legal Aid is no longer available for most divorce cases, although there are limited circumstances in which it may be granted.
How do I divorce my husband?
- Step 1: Petition to file for a divorce.
- Step 2: The parties must appear before the court.
- Step 3: Record statements under oath.
- Step 4: The first motion will be passed.
- Step 5: Final hearing of the petition.
- Step 6: Verdict on the Divorce.
- Get Legal Advice from Divorce Lawyers.
What does counsel’s brief fee include?
A brief fee would usually include all trial preparation, a pre-trial conference (if needed), and the fee for the first day spent in court and any work undertaken during the course of a trial that’s not covered by the refresher fees. Refresher fees (or daily rate) cover each subsequent day spent at the hearing.
What is a barrister’s brief fee?
A brief fee is an agreed fixed fee that covers all pre-hearing preparation and the first day of hearing. A refresher is the fixed agreed fee for any subsequent day of the hearing after the first day. In appropriate cases the Barristers are able to consider certain types of conditional fee and damages based agreements.
How much is a barrister per hour UK?
Our hourly rates start at £150 for the most junior members of Chambers, rising to £500 an hour for more senior members of Chambers in some specialisms. The average fees charged per hour are £200 to £250 plus VAT. Where possible we will provide a fixed fee for a piece of work.
How much is a lawyer consultation fee?
What Are Typical Lawyer Hourly Fees? Lawyer fees for a consultation vary throughout the United States. On average, consultation costs will range from about $250 an hour to $350 an hour. Rates will change depending on location, type of law, and attorney experience.
Who gives an order as to costs in court?
The court can, in special circumstances, order one party to pay the costs of the opponent on an attorney and client scale, e.g. dishonesty, fraud, grave misconduct. The court may order the unsuccessful party, suing or being sued, to pay costs de bonis propriis, e.g. material departure of responsibility of office.
How are costs awarded in court?
What is a Cost Award? When a court action reaches its end, the judge will generally make a statement about costs, their amount, and which party has to pay them. Basically, a costs award is given to the party that won the lawsuit to help them recoup some of the money that they spent bringing their action.