Divorce in Hong Kong: How a Divorce Lawyer in Hong Kong Assists your Divorce in Hong Kong
Divorce lawyer in Hong Kong Assist your Divorce Case
The present world is run by a capitalistic society. Each and every aspect of life has become a thing that depends on money. As a result, most of the people in the modern day society give lesser importance to things such as education, human values, family life, and relationships. Out of these, the less significance given to family life by most of the people has resulted in making divorce an ordinary occurrence in the day to day life. As this has become a recent threat to the rate of successful marriage lives in many countries, Hong Kong too as a country faces the safe challenge more extremely, because the divorce rate of Hong Kong is fifty percent of that of the marriages that take place. Hence the divorce lawyers in Hong Kong who has more demand than the other lawyers in the firm regarding family matters. A divorce lawyer in Hong Kong is expected to assist his or her clients in every possible way of safeguarding his or her clients from unhealthy marriages. Lawyers in Hong Kong are well known for securing the independence of their clients and providing wise advice to their clients before assisting them to initiate a case against their partners. The courts of Hong Kong not only administer local divorce cases, but they also deal with many international divorce cases.
Requirements for Hong Kong Course Exercise Jurisdiction for Divorce in Hong Kong
A divorce case comes under the Family Law. A family lawyer in Hong Kong can assist his or her client to claim a legal partition from his or her husband or wife only if the specified conditions of the Hong Kong Jurisdictions can be applied to the case. It is the Matrimonial Causes Ordination in the Hong Kong Jurisdiction that decides if a certain couple can consider divorcing according to the Hong Kong law. The conditions included in the Matrimonial Causes Ordination are as follows. And if the following requirements succeed, a divorce lawyer in Hong Kong can assist his or her clients to file a divorce case against their partners.
- One of the two parties should have permanent residence in Hong Kong for three years and should be living in Hong Kong by the date the petition for the divorce was applied.
- Either of the parties should have had a legit connection with Hong Kong by the date the petition for the marriage was submitted.
- Either of the two parties should have been domiciled in Hong Kong at the date of the petition.
Grounds for Diorce in Hong Kong
If the divorce lawyers initiate in filing a divorce case according to their clients ‘appeal without considering the above conditions presented by the Matrimonial Causes Ordination of Hong Kong their petitions will be rejected by the Hong Kong Jurisdiction. Accordingly if the Hong Kong divorce lawyers need to assist their clients in filing a divorce case they should enlighten the clients about importance of the presence of justifiable reasons for them to prove to the Hong Kong Court that the marriage has achieved the status of a very unhealthy conditions and is fully broken, that it the issues between the two partners cannot be settled anymore other than terminating the marriage. Therefore a divorce lawyer in Hong Kong should enlighten his or her clients about the importance of the following reasons to prove that the divorce case filed is justifiable.
- Adultery/ extramarital affair: If one of the parties has damaged the loyalty between the two and is maintain an adultery affair with another person.
- Desertion: If one of the spouses has abandoned the other spouse for one year or more than a one year without considering the desires of the deserted spouse.
- Unreasonable Behavior: If one of the spouses has behaved in an unacceptable manner causing physical violence or mental trauma that the divorce has become unavoidable.
- Consented Separation: If the two parties have accepted that they should divorce and can prove to the court that they have been living separately for a year or more.
- Separation without consent: The spouse’s acceptance is not needed when the couple has been living separately for two your or more. If this type of separation can be proven an appeal for a divorce can be done according to the wish of the spouse who now wants a divorce after years of separation.
The Divorce Proceeding in Hong Kong – Step by Step
The clients are always advised to consult a lawyer before submitting the relevant documents and attending hearings in the Family Court. For a spouse to apply for a divorce in Hong Kong, he or she should follow the following steps. The lawyers in Honk Kong advice their clients to follow the following steps:
- Step 1: Presenting a petition for divorce
This form can depend on the spouse’s particular circumstance for applying the divorce. I also include statements regarding the arrangement of children if there is any. When presenting the petition, the spouse could also present a financial statement for financial dispute if it is applicable.
- Step 2: Delivering the petition to the opposite party
The petitioner should arrange a sealed copy of the petition and make sure that it is delivered by hand or through the post to the respondent.
- Step 3: Fixing a court hearing date
Applying for the registrar to set the directions needed to proceed with the case trial.
- Step 4: Decree Nisi- a tentative court order for divorce
- Step 5: Final order for a divorce
Find a Divorce Lawyer in Hong Kong to Assist
Consequently, a divorce in Hong Kong also gives it a concern to many factors that affect both the spouses such as, finances, mediation, and custody for children and many more. Therefore applying for a divorce is not a simple process. In order to save both money and time applying for a Hong Kong Divorce, it is advisable for the clients in Hong Kong to receive professional assistance from an adequate Hong Kong Divorce Lawyer. Eventually, the clients can trust the Divorce lawyers in Hong Kong as they deal with both local and international divorce cases.