be eligible for legal aid.
If you want to divorce, there are
a number of facts on which you
can rely, both fault and non-fault
based. The least acrimonious way
to divorce (which can also be made
by joint application so neither party
is divorcing the other) is ‘one year
separation with consent’. Here you
have to live separately for a year,
although in certain circumstances,
the parties can still live under the
same roof if finding alternative
accommodation is difficult. You
must arrange your lives separately
so it is best if you can record this in a
‘deed of separation’, which can also
regulate other aspects such as caring
for the children and interim financial
arrangements.
The other non-fault divorce is ‘two
years’ separation without consent’.
This can be more controversial but
the courts recognise that, once one
party is sure that the marriage is at an
end, there is not much to be gained by
trying to stop the process.
Fault-based divorces are based on
the facts of adultery, unreasonable
behaviour and desertion. The
advantage with these facts is that there
is no need to wait for any separation
period before proceedings can start.
They do, however, make the matter
more acrimonious from the start,
which can be counterproductive in the
long run.
Financial issues
As for finances, in Hong Kong the
overriding principle is that of fairness
to both sides. The starting point is
equal division of assets, with no bias
in favour of the breadwinner against
the homemaker: both roles within a
family are deemed to be as valuable
as the other. In practice, however,
the result will not always be a 50/50
split. Other factors come into play
and a short marriage will rarely result
in an equal split. The court will look
at a number of factors, such as the
contribution both parties made to the
specialise can actually make the
process more expensive and drawn
out. Acting on your own is also not
advisable, although many people do.
It can be more difficult than you think
to weave your way around the family
court procedure and it is extremely
stressful, especially without the
professional support. Depending on
your financial situation, you may even
with me’. There are a number of
good mediators in town, many of
them specialist family solicitors and
barristers, retired judges and others
from a social welfare background,
and you can find one through the Law
Society website.
You will also need a good lawyer,
one who specialises in family law.
Going to a lawyer who does not
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