Hong Kong, a Special Administrative Region of China, retains common law distinct from mainland China. French families there face English-like rules: equal asset division as a reference and court jurisdiction potentially soon after arrival.
An initial overview, not a consultation
This page outlines Hong Kong law and its connections with French law. It is an initial overview, not a consultation: every situation depends on specific facts and local law changes. For each case, I work with a colleague based in Hong Kong, who confirms these initial details for your circumstances and acts before local courts when necessary.
0 — Your situation
You live in Hong Kong and one spouse wants to return to France. You are French, married to a Hong Kong resident. Your spouse began local proceedings. You fear the child may leave for a third country or mainland China. These rules do not apply to mainland China, which has its own law.
1 — Which court?
In Hong Kong. Jurisdiction exists if either spouse is domiciled there at filing, habitually resident during the preceding three years, or substantially connected. Substantial connection sometimes permits filing soon after arrival. No application is allowed in the first marriage year except in exceptional circumstances.
Parallel proceedings. Hong Kong courts may stay for a more appropriate forum. French courts may, without obligation, defer if the future Hong Kong decision can be recognized. A race to court is a real risk.
2 — Which law?
Before the Hong Kong court. The court applies Hong Kong law.
3 — Recognition
In Hong Kong. A divorce obtained through judicial or other proceedings in France is recognized if either spouse was habitually resident there or French when proceedings began. Recognition may be refused for lack of notice or manifest public-policy incompatibility.
Divorce without a judge. Two French spouses meet the nationality criterion, but no Hong Kong decision has yet classified a lawyers’ agreement deposited with a notary as other proceedings. Where a spouse lives or owns assets there, a French judicial divorce approving the agreement is safer.
After a French divorce. Once recognized in Hong Kong, a spouse domiciled, habitually resident for three years or substantially connected there may seek additional financial relief with prior permission if Hong Kong is the appropriate forum (Matrimonial Proceedings and Property Ordinance). A remarried spouse cannot.
4 — Your relationship
Divorce in Hong Kong. Irretrievable breakdown is shown by adultery, behavior, one year’s separation with consent or two without, or one year’s desertion. A joint application is possible after a year’s separation or a year after joint notice of intent to divorce.
5 — Your children
The 1980 Hague Convention applies with France. Immediate return of wrongfully removed children under sixteen may be requested under the Child Abduction and Custody Ordinance. The central authority is the Secretary for Justice. Courts may locate a child, mirror foreign decisions and prohibit departure.
Hong Kong does not apply the 1996 Convention. French residence decisions often require a local order or an agreement approved in both systems.
6 — Your assets
Property division. Statutory factors include resources, needs, living standards, age, marriage length, contributions and lost pension rights. Equal division is the reference, departed from only for good reason after considering needs. Outcomes can differ greatly from French separate property.
Marriage agreements. Agreements, including French ones, receive full effect if freely entered with full information and without an unfair result.
Courts may address all assets, including French ones. Mandatory MPF retirement savings are considered but cannot be divided directly: other assets offset them. French courts follow their own liquidation rules, making comparison often decisive.
Hong Kong does not apply the 2007 Convention and France is outside its simplified foreign-maintenance enforcement scheme. French decisions generally require local proceedings. A separate framework operates with mainland China.
Points to watch
A substantial Hong Kong connection may permit early filing: the race to court starts quickly.
Equal division can differ greatly from French separate property.
Financial claims after French divorce require Hong Kong recognition: divorce form matters.
7 — My support
An international consultation compares French and Hong Kong options. My Hong Kong colleague confirms local-law analysis and acts before local courts.
Official texts and sources
Matrimonial Causes Ordinance (Cap. 179)
Matrimonial Proceedings and Property Ordinance (Cap. 192)
Child Abduction and Custody Ordinance (Cap. 512)
Department of Justice: international child abduction
Legislative Council: 2014 child-abduction reform (2016 briefing)
Legislative Council: States bound by the 1980 Convention, including France
Department of Justice: family decisions involving mainland China (Cap. 639)
Hague Conference: status of the 1980 Child Abduction Convention
Hague Conference: status of the 1996 Child Protection Convention
Hague Conference: status of the 2007 Maintenance Convention