A Solicitor of The High Court of Hong Kong & The Senior Courts of England and Wales with a demonstrated history of working in the legal industry. Skilled in legal submissions, advocacy, strategic negotiations, legal research, and management. He is also known for his skills of empathy and neutrality whilst acting as a Mediator. An experienced lecturer-at- law nurturing future lawyers with theoretical and practical legal principles. Equipped with skills for preparation of precise notes to developing exam papers for the students. As a solicitor, I am often approached by people raising various questions to assist them with their respective matters. However, we will limit today’s question and answer to family disputes. With the given Hong Kong lifestyle being stressful and long-working hours, it is taking a toll on the domestic relationships between married couple. I personally DO NOT encourage divorce until and unless the marriage has broken down irrevocably and one should always remember that marriage is union of two worlds of dreams or rather a reunion of two families. Should children be involved then divorce is essentially stealing their right to have the love of both parents at the same time and at the same place. However, as lawyers, we do face clients with situations where the divorce is the only resort.
Are all divorce proceedings ugly or bitter?
A: Divorce usually turn ugly or bitter due to clash of egos but procedural wise there are options whereby the divorce proceedings can take place with a mutual consent after one year of separation or without consent after two years of separation. We are working with the group of Mediators and Barristers whereby we are encouraging Mediation, which will be explained below, whereby you avoid the prolonged bitterness of a divorce.
How long the divorce procedure takes place?
A: It could take anywhere from 6 months to couple of years depending on the complexity of the case and attitude of the parties.
Are divorce proceedings expensive?
A: Legal Aid Department do offer assistance in divorce cases to the parties subject to the means and merits test. Should you be granted legal aid then it will cover your lawyer’s fees initially, but it is important to note that legal aid is NOT FREE as whatever you recover from your spouse; legal aid will deduct their fees later on due to Director of Legal Aid’s first charge. The merits of the case will be evaluated on case-by-case basis. In terms of the means of Applicant, the financial resources of the Applicant should not normally exceed HKD$433,010 under the ordinary Legal Aid Scheme. However, this is reviewed regularly, and one should clarify with their Solicitors or Director of Legal Aid. Alternatively, if you do not want to apply legal aid nor cannot funded it privately then you can ask for the court order that the legal cost to be paid by your spouse but it will be evaluated on case-by-case basis as the Applicant need to pass a certain legal test to obtain such order.
Where do I stay if my spouse kicked me out of the house?
A: As a starting point, you should immediately apply for Summons with Affidavit (court application) asking for maintenance pending suit (divorce) from your spouse to cover your expenses until the divorce proceedings are completed but of course, each case is dealt on its own facts. It is important to note that when one person takes care of the house duties and another person earns income. His/her sacrifices whilst taking care of the house duties in lieu of pursuing his/ her career are not ignored by the court.
Who gets the custody of the children?
A: It is rather common for one spouse to use children as a blackmailing tool against the other spouse for the purposes of divorce. Question of custody is always a sensitive issue. It is important to remember that until divorce with custody is determined; no parent has exclusive custody of their children. Divorce proceedings will be over one day but the memories or trauma suffered by the child do not disappear. Be careful and handle with care when it comes to your children’ emotions.
How should one commence divorce proceedings?
A: Before commencing divorce proceedings, both husband and wife should talk amongst themselves with the aim to resolve their matter whilst keeping divorce as a last option. The parties can engage into counselling. Should counselling fail then they can attempt Mediation to narrow down their differences. In the process of mediation, both parties will appoint a neutral person who will act as a mediator between parties. Everything discussed during the mediation will remain confidential and won’t be disclosed to the court. Mediation can be conducted at any stage of divorce proceedings. Finally, they should consult a lawyer to commence the divorce proceedings if divorce is the only option for them.
I conclude whilst stressing with the fact that Divorce should always be the last resort but don’t let it be too late. However, such decisions should not be taken during a heated moment. It is always wise to discuss with your loved ones and it may not be a bad decision to have a causal chat about what you expect from your spouse before taking the grave step of divorce. Divorce should always be the last resort but don’t let it be too late.
