FAQ on Divorce
### Hong Kong Divorce Jurisdiction for Expatriates Living in Mainland China (2025 Guide)
#### Can expatriates married in Hong Kong but now living in Beijing file for divorce in Hong Kong courts?
Hong Kong courts may lack jurisdiction if the parties are habitually resident in Mainland China. Under Section 3 of the Matrimonial Causes Ordinance (Cap. 179), jurisdiction requires domicile in Hong Kong, habitual residence in Hong Kong for three years preceding the petition, or a substantial connection with Hong Kong. For Carlos, a Hungarian national married in Hong Kong six years ago but now residing in Beijing with his Hungarian wife and children (with no property owned), the place of marriage provides a historical link, but current residence in Beijing typically weakens claims to jurisdiction.
#### What is domicile in Hong Kong divorce law, and does it apply to expats in Beijing?
Domicile means the jurisdiction considered a person's permanent home with intent to remain indefinitely. Expatriates like Carlos living in Beijing are unlikely to be domiciled in Hong Kong unless strong evidence shows ongoing intent to return (e.g., family ties or property). Mere past residence or a Hong Kong ID card is insufficient. In Carlos's case, domicile in Hong Kong or Hungary is more probable.
#### What is the three-year habitual residence requirement for Hong Kong divorce jurisdiction?
Habitual residence requires settled, regular living in Hong Kong for the full three years before filing. Brief absences (e.g., holidays) do not interrupt this, but long-term expatriate residence in Beijing, as with Carlos and his family, breaks continuity. This ground is rarely met for parties relocated to Mainland China.
#### How does the substantial connection test work for divorce in Hong Kong, especially for expats?
The substantial connection is assessed in two stages: existence of any connection, followed by whether it is real and substantial. Factors include place of marriage (favourable for Carlos's Hong Kong ceremony), last cohabitation (Beijing, unfavourable), children's residence/birthplace, assets (none mentioned), employment, and family ties. Courts discourage opportunistic filings; connections must be genuine and current, not merely historical. In similar cases, business or property ties alone may not suffice without family presence.
#### Can Hong Kong courts stay divorce proceedings if Mainland China (e.g., Beijing) is more appropriate?
Yes, via forum non conveniens. Even if jurisdiction exists, proceedings may be stayed if another forum (e.g., Beijing courts) is clearly more convenient, considering residence, evidence location, witnesses, and children's welfare. For Carlos, with family life centred in Beijing and no Hong Kong assets, a stay is likely, favouring Chinese courts.
#### Can foreign nationals resident in Beijing divorce in Mainland Chinese courts?
Mainland courts have jurisdiction based on habitual residence for foreign nationals. Carlos and his Hungarian wife, living in Beijing, can pursue divorce there. Mutual consent allows administrative registration (with translated documents like the Hong Kong marriage certificate); contested cases go to court, typically in Mandarin.
#### How do children impact divorce jurisdiction between Hong Kong and Mainland China?
Children's best interests are paramount. Custody and maintenance are often handled in the jurisdiction of their habitual residence (Beijing for Carlos's children). Both Hong Kong and Mainland China participate in Hague Convention arrangements on child abduction, minimising conflicting orders. The forum with strongest child connections is preferred.
#### What should expatriates like Carlos do if considering divorce with Hong Kong ties but living in Beijing?
Consult specialists in both Hong Kong and Mainland family law promptly. Gather evidence of any Hong Kong connections (e.g., bank accounts, visit history). Assess advantages: Hong Kong may offer broader asset consideration, while Beijing proceedings could be faster and more practical. Prioritise children's welfare and explore mutual consent options.
Why you need a family lawyer to help?
Some people think that divorce is a simple process and do not need a lawyer's help. Our experience proves that this is not always so. Divorce often result in significant financial impact on one or both parties. This would be crucial to a spouse having a weaker financial position in terms of income and assets.