In such an international and cosmopolitan city as Hong Kong, it is not unusual for a spouse to seek to commence divorce proceedings against his / her partner who is overseas. This article illustrates how we may serve divorce petitions out of Hong Kong to commence the proceedings.
Laws on the Service of Divorce Petitions Overseas
Service of a writ out of the jurisdiction of Hong Kong is permissible with the leave of the court generally. However, service out of jurisdiction for divorce petitions is an exception and the Hong Kong Matrimonial Causes Rules specifically provides that no leave is required.
Whilst it is not necessary to seek prior permission to serve the divorce petitions, the mode of service in the laws of the jurisdiction in which the papers have to be served must be followed.
Examples on Serving Divorce Petitions Overseas
Here are some of the examples we have come across.
In the U.K., the U.S.A. and Australia, the service of process can be effected directly by post, through a local lawyer, the judicial authority, or even a private investigator.
In mainland China, Germany and India, service can only be effected through their respective central authorities.
In the Philippines, we can only effect such service on nationals of the originating state.
Some jurisdictions may require that the translation of the documents to their corresponding official languages be appended. For documents to be served on a spouse in mainland China, generally, the documents should be in Chinese, or else a translation in Chinese should be attached. For documents to be served on a spouse in Germany, the German translation of the documents has to be served.
If it cannot be proved to the satisfaction of the Hong Kong court that the documents have been properly served, the proceedings cannot move forward. It is therefore essential that proper legal advice is sought so as to avoid frustration and disappointment.
This article is co-authored by our experienced Private Client Team – our Partners Catherine Por and Wendy Lam, and our Senior Associates Karl Wong and Calvin Lo. Please contact our Ms Catherine Por or Ms Wendy Lam for any further enquiries or information.
This newsletter is for information purposes only. Its content does not constitute legal advice and should not be treated as such. Stevenson, Wong & Co. will not be liable to you in respect of any special, indirect or consequential loss or damage arising from or in connection with any decision made, action or inaction taken in reliance on the information set out herein.