Divorce
FAQ Hong Kong Divorce Law:
Alimony : In early 2008, a Hong Kong court precedent. After a divorce, the starting point is an equal distribution of assets, unless there is a good reason to deviate from an equal distribution of household assets. 50\50 Add up the property of both parties and divide by 2.
2.1 Separation for one year, both parties can agree to divorce.
2.2 After being separated for two years, you can apply for divorce unilaterally without the consent of the other party.
Other grounds for divorce:
2.3 The other party commits adultery,
2.4 After being abandoned by the other party for one year,
2.5 The other party's unreasonable behavior (including improper relationship between men and women outside of marriage, excessive drinking, beating family members, taking drugs, not paying family expenses, not loving each other.)
3 Who is the child? Generally speaking, on the premise of the welfare of the child, the award is awarded to the father or mother.
FAQ child custody Courts must consider the welfare of the minor as the primary consideration
(computer English translation, not pure Chinese)
(a) if the views of the child can be ascertained, take into account his views having regard to his age and ability of understanding;
(b) his physical, emotional and educational needs ;
(c) the effect a change in his environment may have on him;
(d) his age, maturity, gender, social and cultural background , and other characteristics that the court considers relevant;
(e) injuries he has suffered or is likely to suffer ;
(f) the extent to which his needs can be met by his father, mother and persons concerned by the court in the opinion of the question;
(g) the nature of the relationship between the child's father, mother and others ;
(h) the attitude of the child and of the father and mother to the child and to parental responsibilities ;
(i) the extent of the court 's powers under this Ordinance in the relevant proceedings ;
(j) The actual difficulties and costs of keeping the child in contact with either parent and whether such difficulties and costs have a significant impact on the child’s right to maintain a personal relationship and maintain regular direct contact with both parents;
(k) such other facts and circumstances as the court considers relevant ; and
(l) Domestic violence involving a child or any other member of the family.
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After Divorce, Property Distribution:-
FAQ form E divorce Attachment Form Property Statement, both husband and wife to submit to the court The following mentioned property documents please put a tick in the appropriate box to indicate that the attachments will be filed with this Statement of Financial Situation and at Write the corresponding number on the relevant attachment.
part 2
2.1
Marriage residence:
Copy of most recent statement of mortgage/other loan
2.2
Other properties:
Copy of most recent statement of mortgage/other loan
2.3
Copies of statements for the past 12 months for each bank account, and copies of the most recent statements for each type of time deposit account
2.4
Copies of your private company’s audited/unaudited financial statements for the past 2 years, and any other documents used as a basis for valuation
2.6
Copies of audited/unaudited financial statements for all other business interests for the past 2 years,
and any other copies of documents used as a basis for valuation
2.7
A copy of the latest statement of each securities account
2.12
Copies of documents of the superannuation/mandatory provident fund trustee or manager's valuation of your rights
2.13
Copies of recent 3-month statements for each credit card
Part 3
3.1
Copy of proof of employment income or employment contract for the past 3 months (if any),
and copies of tax returns for the past 2 years
3.2
Additional income proof document or copy of employment contract (if any) for the past 3 months).
3.3
Proof of income from part-time employment in the past 3 months or a copy of the employment contract (if any)
3.4
Copies of self-employment/partnership tax returns for the past 2 years
3.5
Copy of latest statement of government allowance
Part 4
4.1
A copy of the most recent lease
Part 4 Current Monthly Expenses
4.1 General expenses
Project Amount, Rent, Mortgage Payment, Public Utilities, Miscellaneous Fees (Electricity, Gas Fuel, Rates, Telephone, Water)
Management Fees Food Expenses Miscellaneous Household Expenses Car Expenses Insurance Expenses Domestic Helpers Others (please specify)
Total monthly household expenses in HK$
4.2 Personal expenses
The project fee is additionally paid for meals, transportation, clothing/shoes, personal grooming (including haircuts and cosmetics)
Entertainment/Gifts Holiday Consumption Medical/Dental Care Fees Taxes Insurance Fees Interim Support Dependent Parents Support Other Dependent Dependents Others (please specify)
Total monthly personal expenses in HK$
4.3 Children
Project Amount Tuition Fees Additional Tuition Fees School Books and Stationery Transportation Fees to School (including school bus)
Medical/Dental Care Fees Extracurricular Activities Fees Entertainment Fees/Gifts Holiday Costs Clothing Fees/Shoe Fees Insurance Fees Lunch and Pocket Money Other Transportation Fees Child Care Fees School Uniform Fees Others (please specify)
Total monthly expenses of children in HK$
Total monthly expenses in HK$
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