Divorce proceedings is a kind of litigation, but between husbands and wife. There are three battlefields:
- Whether to divorce and of what grounds (called the main suit);
- Who shall take care of or have the decisions of the family children (care and control and custody); and
- How should the properties be distributed (ancillary relief).
Divorce – main suit
The main suit is usually not vigorously contested because normal cases is that parties both want a divorce. There may be some arguments against on what and whose ground the divorce shall be allowed, for instance the husband initiates proceedings based on unreasonable behaviour against the wife, and then the wife feels aggrieved and defends on the grounds of unreasonable behaviour. The wife can even issue a cross petition against the husband alleging in turn his unreasonable behaviour.
Divorce – care and control and custody
The issue of children are one of the mostly contested field if there is a family child of appropriate age. A social report will usually be called where the wife and husband will interact with the child, and other family members living in the same household with the wife or husband will also be called, such as the paternal grandparents or maternal grandparents. The child’s interest is paramount. The issue of care, control, custody and access will then be decided. Unless in extreme cases, the court is inclined to grant joint custody, but sole care and control, and reasonable access to the other party not with the care and control.
Divorce – ancillary relief
The issue of ancillary relief is also one of the mostly contested field. The parties’ needs and ability will be measured. The matrimonial pot (including the matrimonial home) will also be ascertained and divided between the parties. It is certain a far-fetched problem and so it is strongly advised to instruct a lawyer on this.
Check the proceudure: https://legalref.judiciary.hk/lrs/common/pd/pdcontent.jsp?pdn=PD15.11.htm&lang=EN