Family law effective date set

August 27, 2021

The Government today gazetted the relevant rules and commencement notice to implement an arrangement with Mainland courts in Hong Kong that will benefit parties to cross-boundary marriages, families and their children.

 

The relevant ordinance seeks to implement the Arrangement on Reciprocal Recognition & Enforcement of Civil Judgments in Matrimonial & Family Cases by the Courts of the Mainland and of the Hong Kong Special Administrative Region in Hong Kong.

 

It establishes mechanisms in Hong Kong in respect of the registration of specified orders in Mainland Judgments given in matrimonial or family cases, the recognition of Mainland divorce certificates and the application for certified copies of and the issue of relevant certificates for Hong Kong Judgments given in matrimonial or family cases.

 

On the Mainland, the arrangement will be implemented by way of judicial interpretation to be promulgated by the Supreme People’s Court.

 

The Department of Justice said the implementation of the ordinance and the arrangement will benefit parties to cross-boundary marriages, families and their children.

 

By providing a more expeditious and more cost effective mechanism for reciprocal recognition and enforcement of judgments given in matrimonial and family cases between Hong Kong and the Mainland, the need for re-litigation of the same disputes in both places can be reduced, thereby saving the parties’ time and costs, and their rights will also be better safeguarded.

 

This will also help mitigate the impact of matrimonial proceedings on the parties to the marriage and on the family’s children as well as relieving their emotional distress.

 

The Government is planning to launch publicity programmes to familiarise legal practitioners and the general public with the mechanisms established under the ordinance.

 

A workshop will be co-organised with the Supreme People’s Court, along with a “one-stop shop” dedicated webpage and promotional leaflets.

 

The Mainland Judgments in Matrimonial & Family Cases (Reciprocal Recognition & Enforcement) Ordinance (Commencement) Notice and the rules will be tabled before the Legislative Council on September 1 subject to negative vetting. The ordinance and the rules will come into operation on February 15, 2022.

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