Grounds of Divorce and Children's Welfare

Grounds of Divorce and Children's Welfare

To apply for divorce in Hong Kong's courts, you must be able to prove that you have reasons (or "grounds") for saying that the marriage is at an end. The term the court uses is "the marriage has irretrievably broken down".

The court will accept one or more of the following grounds as proof, in the simplest terms:
  • adultery
  • bad behaviour
  • separation with or without consent to divorce
  • desertion
If there are children of the family who are under the age of 18, you must include in your petition your proposal as to their custody, maintenance and access. If you wish to apply for ancillary relief such as maintenance, transfer of property, division of matrimonial assets, you should also set out in your petition.

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