I
f you are thinking of tying the knot,
what are the implications for you and
your family? In a society which is
forever changing, and with increasing
tolerance and legal provision for
different sorts of family structures, it can
be hard to see the wood for the trees.
We also live in a world in which travel
and working abroad is commonplace
and the relationships which result can
be complicated by borders, culture and
legal issues – particularly in Hong Kong.
Is it even worth getting married at all?
Of course, there is nothing which
can replace a desire to marry and really
that should be the only determining
factor. Nonetheless, it is as well to be
in the know about possible pitfalls and
what you might be able to do to avoid
them. Very often, it is the desire to
have children which prompts marriage.
Also, with the number of divorces
Going to the Chapel
increasing year-on-year, so too are the
numbers of second and third cohabiting
relationships and marriages involving
children. It is common to find families in
which both parents have been divorced
and are remarried or cohabiting, living
with their own children as well as
those of their other halves in 'blended
families'.
In Hong Kong law, where the parties
are married, children of all families,
including blended families, are deemed
to be 'children of the family'. As such,
the parents with whom they live are
responsible for them, no matter whether
they are blood relatives or not, even
though there may be some financial
responsibility by the parent with whom
they do not live. Where the parties are
not married, there is no definition under
the law for ‘children of the family’, but
the family court will always consider
individually the welfare of every child.
The Hong Kong court has inherent
jurisdiction over every child in the
jurisdiction. However, being part of a
family where the parents are married
gives children more security as their
rights are defined in the ordinances.
So, in Hong Kong, is it better to
have children in wedlock? As the law
currently stands, we would say yes.
Fortunately, we live in a society today
which is tolerant towards children born
outside of marriage. In many societies,
such as in England and Australia, there
is no distinction in the legal treatment
of children. However, in Hong Kong,
the law governing children of couples
who are not married is different from
the law relating to children of married
parents. This has serious implications
if the relationship breaks down. For
children without married parents, the
Considering marriage in Hong Kong? Make sure you read our family
guide to wedlock, from legal eagles
Rita Ku
and
Philippa Hewitt.
September 2016
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