Process and Paperwork Needed to register marriage and file divorce in Hong Kong
Hong Kong’s marriage and divorce laws are governed by the Marriage Ordinance (Chapter 181) and the Matrimonial Causes Ordinance (Chapter 179), respectively. Here are some key points regarding these laws:
Marriage Registration process in Hong Kong
In Hong Kong, marriage can be conducted either by civil ceremony or by religious rites. The minimum age for marriage is 16, but parental consent is required for individuals under 21 years old.
Marriage Registration: Couples must register their marriage with the Hong Kong Marriage Registry within three months of their wedding ceremony.
Here is a step-by-step guide (based on information) to the marriage registration process in Hong Kong.
- Obtain the Notice of Intended Marriage (Form MR21): The couple must first obtain the Notice of Intended Marriage form (Form MR21) from the Marriage Registration and Records Office (MRRO), which is part of the Immigration Department in Hong Kong. The form can be obtained online or in person at the MRRO.
- Complete the Notice of Intended Marriage form: Both parties must complete the Notice of Intended Marriage form (Form MR21)
individually. The form requires personal details such as names,
3.addresses, occupations, and passport or Hong Kong Identity Card information.
4.Gather supporting documents. Along with the completed Notice of Intended Marriage form MR21B (name and surname, marital condition (i.e., whether you are a bachelor/spinster; widower/widow; a divorced person; or previously married by any form of marriage), occupation, age, residential address, the full name of your parents, and, in the case of either party being under the age of 21, the name, address, and capacity of the person consenting to the marriage (i.e., the relevant person or persons specified in the Third Schedule to the Marriage Ordinance), the couple needs to gather supporting documents,.
DOCUMENT REQUIREMENT for REGISTERING MARRIAGE IN HONG KONG
Identity proof: originals and photocopies of passports or Hong Kong Identity Cards of both parties
For Foreigners: Passport and entry visa, for foreigners or travellers
Proof of marital status: originals and photocopies of documents proving the termination of any previous marriages, such as divorce certificates or death certificates of former spouses.
Photographs: Recent passport-sized photographs of both parties
Step by Step process of MARRIAGE REGISTRATION IN HONG KONG
- Submit the Notice of Intended Marriage: The couple needs to submit the completed Notice of Intended Marriage form and supporting documents in person at the MRRO. The processing time for giving Notice of Intended Marriage at the counter in a marriage registry is around 30 minutes. It may take longer for some complicated cases.
- The office is located at 3/F, Low Block, Queensway Government Offices, 66 Queensway, Hong Kong.
- Pay the fee: There is a HKD 305, a fee associated with the marriage registration process. The fee can be paid at the MRRO office during the submission of the Notice of Intended Marriage. Payment can be made by cash, EPS, Octopus, FPS, crossed check, or cashier’s order in Hong Kong dollars payable to “The Government of the Hong Kong Special Administrative Region”. Post-dated checks will not be accepted.
- Choose a marriage registry and appointment: Once the Notice of Intended Marriage is accepted, the couple can choose a marriage registry and schedule an appointment for the marriage ceremony. The marriage ceremony can take place at any of the marriage registries in Hong Kong.
- Attend the marriage ceremony: On the scheduled date and time, both parties need to appear in person at the chosen marriage registry with two witnesses present. The marriage registry officer will conduct the marriage ceremony, and the couple will exchange vows and sign the marriage register.
- Obtain the marriage certificate: After the marriage ceremony, the marriage registry officer will issue the marriage certificate. The couple can collect the marriage certificate in person or request that it be mailed to them.
- Please refer to the official website for
the latest updates, if any.
Divorce in Hong Kong is based on the “irretrievable breakdown” of the marriage. There are several grounds for divorce, including adultery, unreasonable behavior, desertion for at least two years, separation for at least one year with consent, or separation for at least two years without consent.
DIVORCE PROCESS in HONG KONG:
The divorce process in Hong Kong typically involves filing a petition for divorce with the court. If both parties agree to divorce, it can be a relatively straightforward process. However, if there are disputes, the court may need to intervene and make decisions regarding child custody, financial matters, and property division.
It’s important to note that laws can change over time, so it’s advisable to consult updated and official sources or seek professional legal advice for the most accurate and current information on marriage and divorce laws in Hong Kong.
The process of obtaining a divorce in Hong Kong typically involves several steps. Here is a step-by-step guide based on the information available:
Consultation with a Family Lawyer: Before initiating the divorce process, it’s advisable to consult with a family lawyer who specializes in divorce cases. They can provide guidance and advice tailored to your specific situation.
GROUNDS FOR DIVORCE:
In Hong Kong, divorce is based on the “irretrievable breakdown” of the marriage. There are several grounds for divorce:
- Adultery: One party has committed adultery, and the other party finds it intolerable to live with them.
- Unreasonable behavior: The other party has behaved in such a way that the petitioner cannot reasonably be expected to live with them.Desertion: The other party has deserted the petitioner for a continuous period of at least two years immediately preceding the divorce petition.
- Separation: The parties have lived apart for a continuous period of at least one year, and both parties consent to the divorce.
- Separation without consent: The parties have lived apart for a continuous period of at least two years immediately preceding the divorce petition.
- Filing the Divorce Petition: Once you have identified the grounds for divorce, your lawyer will help you prepare and file the divorce petition at the Family Court. The petition should include details about the marriage, grounds for divorce, and any claims regarding children, assets, or financial matters.
- Service of Divorce Petition: The filed divorce petition must be served on the other party (respondent) by an authorized process server or through a solicitor. The respondent then has a specified period to respond to the petition.
- Response and Ancillary Matters: The respondent can choose to contest the divorce or agree with its terms. If the divorce is contested, the court may hold hearings to resolve disputes related to children, assets, and finances. This stage involves negotiations, mediation, and, if necessary, court proceedings to reach a settlement.
- Decree Nisi: If the court is satisfied with the grounds for divorce and the settlement of ancillary matters (if applicable), it will grant a Decree Nisi. This is a provisional decree of divorce, indicating that the court intends to grant the divorce unless valid reasons for not doing so are presented.
- Decree Absolute: After a certain waiting period (usually six weeks), the petitioner can apply for the Decree Absolute, which is the final decree of divorce. Once the Decree Absolute is granted, the marriage is legally dissolved, and both parties are free to remarry.
It’s important to note that the divorce process can vary depending on the complexity of the case and any specific circumstances involved. Consulting with a family lawyer is crucial to understanding the details and requirements specific to your situation. Also, laws can change over time, so it’s advisable to consult updated and official sources or seek professional legal advice for the most accurate and current information on the divorce process in Hong Kong.
USEFUL REFERENCE:
For Registration of Marriage or Filing
Registration Office to file a Notice of Marriage.
The Marriage Registration Office :
3/F, Queensway Government Offices,
Low Block, Hong Kong
(MTR Admiralty Station – Exit C1)
Tel: (852) 2867-2787
Monday-Friday : 8:45 am to 4:45 pm
Saturdays : 9 am to 11:30 am
Closed on Sundays and General Holidays
General Enquiries
Hotline : (852) 2824 6111
Fax : (852) 2877 7711
Email : enquiry@immd.gov.hk
An appointment booking: (www.gov.hk/marriagebooking) or
by telephone (852) 3102 3883
(You should make the appointment within
14 days before the 3-month period from the date of marriage.)
https://www.lcsd.gov.hk/en/hkch/facilities/otherfacilities/marriageregistry.html
Registration of marriage at immigration https://www.immd.gov.hk/eng/marriage/Registration_of_a_Marriage.html
https://www.immd.gov.hk/eng/marriage/Registration_of_a_Marriage.html#a&lastTab
