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Matrimonial judgment consultation starts

June 27, 2016

The Department of Justice has launched a seven-week public consultation on a proposed arrangement with the Mainland on reciprocal recognition and enforcement of judgments on matrimonial and related matters.

 

The proposal comes in response to the increasing number of cross-boundary marriages, the substantial percentage of divorce cases filed in the Family Court of the Hong Kong Special Administrative Region for marriages which took place on the Mainland, and the enhanced mobility of cross-boundary residents.

 

According to section 56 of the Matrimonial Causes Ordinance, a divorce granted by the Mainland court is recognised in Hong Kong. However, Mainland court-granted maintenance and custody orders are not automatically recognised and enforceable in the city. The same applies to the recognition and enforcement on the Mainland of maintenance and custody orders granted by a Hong Kong court.

 

Parties to cross-boundary marriages would incur extra time and costs as well as suffer emotional distress seeking to enforce in Hong Kong matrimonial judgments obtained in Mainland courts, and vice versa.

 

The Department of Justice considers that the proposed arrangements would provide a more expeditious and cost-effective way for judgment holders to seek reciprocal recognition and enforcement in Hong Kong of matrimonial judgments and related matters obtained on the Mainland, and vice versa.

 

Public views are invited on the principal types of judgments, including divorce, maintenance and custody orders, and whether to include "divorce certificate" obtained through the registration procedure on the Mainland.

 

Views are also sought on the proposed inclusion of orders for property adjustment and power of variation of maintenance orders by the courts in the place where the orders are sought to be enforced, as well as the jurisdictional basis of the parties to an application for civil judgments' reciprocal recognition and enforcement.

 

Submissions should be sent by email by August 15.

 

Click here for details.



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