To initiate divorce proceedings, the spouse who initiated the proceedings must fill in a form on the grounds for divorce. A divorce lawyer in Hong Kong can help you to consider how you can meet the requirements if you were resident in Hong Kong at the time of separation before the divorce commenced or if the application was sent to you. The next step is to send the petitions to both spouses and the third party to deliver a petition to the respondent. If one of you files for divorce, the other is the applicant and you must serve him or her with your petition.
贍養費 is the financial support that the court orders after divorce or separation, and not only for the financial needs of the spouse.
Also called maintenance, the family court can order maintenance for the divorced and maintenance for the ex-spouse. One important difference between alimony and child maintenance is that both are financial obligations of one spouse to another. Child benefit should benefit the children just as much as alms should benefit the former spouse, and not the other way round. It is a financial obligation of parents and children to each other, not just to one or both spouses.
贍養費 refers to the financial support that is granted to an individual spouse after separation or divorce from his or her spouse. Although in modern China there are no 贍養費or quasi-allowances provisions in the laws, the judges can say that they expect more cases to be filed in the future with claims for compensation for domestic workers under the new Civil Code, which will enter into force as part of the new Civil Code of Hong Kong from 1 January 2017.
If a spouse puts his or her career in child-rearing on hold, the separation agreement determines whether a person should receive maintenance or alimony. When children are involved, it helps to clarify who should have custody, how often the other parent can visit and whether maintenance is required. If the divorced spouse has a child under two years of age, for example, the mother can obtain custody.
In the US, the court approves the separation and they live in the same house for the rest of their lives.
German couples do not have to enter into a custody or maintenance battle, however, and it is common for informal agreements to be made about the child and its associated costs. Offenhauser said Germans must go to court to get a divorce, and at least one of the parties needs a lawyer, although only lawyers are allowed to file for divorce in court. If a spouse is convicted of family violence after divorce, the court can order him to pay alimony.
It must be overcome by the spouse diligently seeking suitable employment and trying to develop the skills to support himself or herself, he or she said.
The court is obliged to limit maintenance payments to a short and reasonable period and orders that they may not last longer than three years. Other claims relating to the financial maintenance of children, such as those already mentioned, will not be taken into account.
Post-marital agreements do not contain such provisions, although these agreements are subject to the same provisions as separation agreements, which aim to regulate financial and custody arrangements before filing divorce petitions.
A Hong Kong resident does not have the right to appeal to the above-mentioned civil courts. There are no financial claims of a cohabitee in HK against the other person if they separate, but a divorce lawyer in Hong Kong can give you more details if family mediation is an option.
Couples should bear in mind that if the court allows otherwise, a divorce petition can be filed in Hong Kong. The place of marriage is not as important in divorce in Hong Kong as in other parts of Asia.
If one party controls the finances, the other party can get the money for the divorce in Hong Kong. If the marriage is valid and evidence can be provided to obtain it, divorce proceedings can begin. The former couple may marry in another country, but only if they agree to it.
After filing for divorce, both spouses can apply to the court for an injunction requiring the other spouse to pay for the divorce process. It may also determine living conditions, prevent the sale or transfer of assets, determine parental ownership of the children, require spouses to provide financial information to each other and to the spouse and determine child support payments.
The woman was given enough money to buy the property but later entered into a series of unwise transactions which the court found led to the need to pay rent. The woman then remarried and the Court of Appeal agreed to increase her husband’s annual maintenance payment by more than £4,000, a decision that was overturned by the Supreme Court. However, the original maintenance order will remain in place until the wife moves back in or another court order is issued.