{"id":1346,"date":"2020-06-24T00:00:00","date_gmt":"2020-06-24T00:00:00","guid":{"rendered":"https:\/\/oln-law.zegal.xyz\/?p=1346"},"modified":"2022-12-23T10:38:14","modified_gmt":"2022-12-23T10:38:14","slug":"as-the-uk-moves-closer-to-allowing-no-fault-divorce-where-does-hong-kong-stand","status":"publish","type":"post","link":"https:\/\/oln-law.com\/fr\/as-the-uk-moves-closer-to-allowing-no-fault-divorce-where-does-hong-kong-stand\/","title":{"rendered":"As the UK moves closer to allowing no fault divorce where does Hong Kong stand?"},"content":{"rendered":"\n

This is the first in a series of articles where we examine recent trends in Family Law issues which have a broad impact on the community. This article discusses developments in divorce procedure and the impact of upcoming changes in the UK for Hong Kong <\/em><\/p>\n\n\n\n

One of the most frequent questions we are asked is whether Hong Kong allows \u201cno fault\u201d divorces as is the case in many other countries with sizeable expat communities in Hong Kong such as UK, USA, Australia, China and Canada. Recent developments in England and Wales indicate that the era of no fault based divorces may soon come in to force.<\/p>\n\n\n\n

The leading case in this area and which precipitated the upcoming legislative changes in England and Wales is Owens v Owens [2018] AC 899<\/em>. Mrs Owens filed a petition for divorce in 2015 on the grounds that the marriage had broken down irretrievably. The petition was based on Mr Owen\u2019s unreasonable behaviour, being such that Mrs Owens could not reasonably be expected to live with him (which is the statutory test under English law). At this stage, the couple had been married over 25 years and had adult children, but had not separated. Under English law, an unhappy spouse may only petition for divorce against a non-consenting spouse citing separation as the fact for the irretrievable breakdown of the marriage if the separation is for a period of two years with consent or, absent consent, five years or more. The petition included 27 separate allegations of unreasonable behaviour on the husband\u2019s part. Notwithstanding this, he defended the petition, arguing his behaviour was not so unreasonable that Mrs Owens could not be reasonably expected to live with him. At the trial, the Judge found in favour of the husband. The wife appealed and in 2017 the Court of Appeal upheld the Judge\u2019s decision, finding that the Judge had applied the law correctly, and on the facts reached a defendable conclusion. The wife appealed to the Supreme Court in 2018, which dismissed her appeal but invited the UK Parliament to consider changing the law, recognizing that under current law \u201cit is not a ground for divorce that you find yourself in a wretchedly unhappy marriage\u2026\u201d.<\/p>\n\n\n\n

Post Owens v Owens, the following key changes are now very likely to be implemented following the introduction of the Divorce, Dissolution and Separation Bill:<\/p>\n\n\n\n