Family Law

To get legally married in Hong Kong, couples must follow the rules under the Marriage Ordinance (Cap. 181). Hong Kong only recognizes monogamous marriages, which can be either civil or religious. This makes the city a popular destination for locals and foreigners looking for a straightforward, internationally recognized legal marriage process.

To complete your marriage registration in Hong Kong, follow these steps:

After the ceremony, couples are issued a Certificate of Marriage an official legal document proving your marital status. This certificate is often required for:

To read official guidelines or start your application, visit the Hong Kong Immigration Department’s marriage services page.

Getting legally married in Hong Kong is a straightforward process governed by the Marriage Ordinance (Cap. 181). To be valid under Hong Kong family law, the marriage must be monogamous and conducted either through a civil ceremony or a religious one. This makes Hong Kong an attractive destination for couples both residents and foreigners seeking a legally recognized and internationally valid marriage.

The first step is to file a Notice of Intended Marriage with the Hong Kong Marriage Registry. This can be done online or in person and must be submitted no more than three months and no less than fifteen days before the scheduled wedding date. After submitting the notice, a statutory 15-day waiting period must be observed before the marriage can be solemnized.

To be eligible for marriage in Hong Kong, both parties must be at least 16 years old. However, if either individual is under 21, written parental consent is legally required. The marriage ceremony itself must take place in a recognized location, such as a public Marriage Registry, a licensed place of worship, or be officiated by a civil celebrant. Two witnesses must be present during the ceremony.

Once the marriage is completed, the couple receives a Certificate of Marriage. This official document is essential for a range of legal and administrative processes, including applying for immigration benefits, updating tax and marital status, or registering jointly owned property. The certificate is a crucial proof of marriage under Hong Kong family law and is widely accepted both locally and internationally. If you’re a foreigner or non-resident planning to get married in Hong Kong, you may also need to address your immigration status. Download our Visa Services documents to ensure your legal stay is fully compliant with Hong Kong’s immigration laws.

Under the Matrimonial Causes Ordinance (Cap. 179), the only legal ground for divorce in Hong Kong is the irretrievable breakdown of the marriage. This must be proven by satisfying at least one of five specific legal facts. These facts reflect situations where the relationship is no longer viable, and continuing the marriage would be unreasonable or impractical.

To demonstrate the irretrievable breakdown of the marriage, one of the following conditions must be met:

Couples must be married for at least one full year before they are eligible to file a divorce petition in Hong Kong. Exceptions to this rule are extremely limited and generally require proof of exceptional hardship or injustice.

The process begins by submitting a divorce petition to the Family Court, which may also involve resolving related legal matters such as child custody, spousal maintenance, and division of marital assets. It is often advisable to seek legal advice from a family lawyer to ensure that your rights and obligations are clearly understood and upheld throughout the procedure. You can consult the Hong Kong Judiciary’s official guide on divorce procedures for detailed information on timelines, required forms, and case handling.

Child custody in Hong Kong is governed by the Guardianship of Minors Ordinance (Cap. 13), which ensures that all decisions prioritize the best interests of the child. This principle guides the Family Court when making any ruling related to custody, care, or access, especially during divorce or separation proceedings. There are several types of custody arrangements recognized under Family Law in Hong Kong:

When custody is contested, the Hong Kong Family Court may require both parties to attend mediation, a process designed to encourage agreement while minimizing emotional and financial costs. If mediation fails, the court will issue a formal custody order based on factors such as the child’s age, emotional ties with each parent, the stability of the living environment, and each parent’s ability to provide care. For a more detailed explanation of child custody procedures and available support services in Hong Kong, you can consult the Social Welfare Department’s official page.

In Hong Kong, child support and spousal maintenance obligations are governed by the Matrimonial Proceedings and Property Ordinance (Cap. 192). These financial duties ensure that both children and financially dependent spouses continue to receive necessary support after separation or divorce. The court may order one party to provide regular payments based on financial capability and the specific needs of the family.

The parent who has care and control of the child can file a claim for child maintenance from the non-custodial parent. This is particularly relevant in divorce, separation, or cases involving unmarried parents. Key points include:

Spousal maintenance also known as alimony may be granted to a financially dependent spouse when a marriage ends. Either spouse can apply for maintenance if they cannot maintain a reasonable standard of living without financial support. The court considers several factors, including:

Payments can be ordered as:

Failure to comply with a court-ordered maintenance obligation can have serious consequences. The receiving party can apply to the court for enforcement, which may result in:

Further information about your rights and legal obligations can be found on the Hong Kong e-Legislation portal where the full text of the relevant ordinance is available.

In Hong Kong, the division of marital property during divorce is based on the principle of fair and equitable distribution, rather than automatic 50/50 sharing. Under the Matrimonial Proceedings and Property Ordinance, the Family Court considers both financial and non-financial contributions made by each spouse throughout the marriage. This ensures that the outcome reflects the true value of each partner’s role, including income generation, homemaking, and childcare.

When determining how to divide assets, the court examines various factors such as the length of the marriage, the financial and housing needs of any children, and the earning capacity, income, and property of both spouses. Contributions as a caregiver or homemaker are given equal weight to financial input, especially in long-term marriages. The goal is to achieve a balanced outcome that meets the needs of both parties post-divorce.

Assets commonly considered part of the marital estate include real estate, rental properties, bank accounts, investments, joint savings, pensions, and ownership in businesses. Even if assets are held under one spouse’s name, they may still be subject to division if deemed part of the shared matrimonial pool.

Depending on the case, the court can order a transfer of property, the sale of an asset with proceeds split, or a lump sum payment to equalize any disparity. Hong Kong’s family law grants the judiciary wide discretion in making these orders, ensuring that decisions are tailored to the specific circumstances of each couple. The court’s priority remains ensuring fairness while considering both parties’ ability to move forward financially and independently after the divorce. As an unmarried parent, securing your child’s future also means preparing for the unexpected. Download your Will and Testament to assign guardianship and ensure your child’s welfare is legally protected.

In Hong Kong, unmarried parents are still subject to clear legal responsibilities and rights under the Guardianship of Minors Ordinance (Cap. 13). The law distinguishes between the automatic rights of the mother and the rights that a father must establish through legal procedures.

For more resources and practical guidance, parents can refer to the Hong Kong Family Council, which offers support on co-parenting and legal rights for families outside of marriage.

A Child Travel Consent Letter in Hong Kong is a written authorization that allows a minor child to travel internationally or cross-border without both of their legal parents or guardians present. Although this document is not a legal requirement under Family Law in Hong Kong, it is highly recommended for preventing issues at immigration checkpoints and reducing the risk of being accused of parental abduction or unlawful travel. This letter is particularly important in situations involving divorced parents, unmarried parents, or any arrangement where only one parent or another adult is accompanying the child. You should use a Child Travel Consent Letter when:

The document should include the following essential information:

While Hong Kong immigration officers may not always request this letter, many foreign border authorities and airlines do require it for minors traveling without both legal guardians. This is especially relevant for countries such as Canada, the USA, and South Africa, which strictly enforce child travel documentation. To simplify the process, parents can download a Child Travel Consent Letter template and review official travel documentation guidelines on the GovHK page on travel documents for minors.

Navigating family law matters in Hong Kong can be complex, with various legal procedures and requirements depending on your personal situation and the nature of your relationship. Whether you’re getting married, filing for divorce, seeking custody, or handling cross-border family issues, ensuring your documents and actions comply with local laws is essential to protect your rights and avoid complications. At Themis Partner, our family law professionals provide legal documents and services tailored to your case and fully aligned with Hong Kong family legislation. We offer strategic legal support and documentation prepared by experienced lawyers to ensure your family law matters are handled with care, precision, and confidence. Download your Family Law documents today and resolve your legal situation with clarity and peace of mind.