About Marriage Law in Kowloon, Hong Kong
The marriage laws in Kowloon, Hong Kong are similar to those throughout Hong Kong. In the Marriage Ordinance (Cap 181), it is stated that, subject to certain exceptions, a marriage is recognized if it is a voluntary union for life between one man and one woman to the exclusion of all others. Bigamy, marriage with close relatives, and underage marriage without proper consent are prohibited and may be punishable by law. Same-sex marriages or partnerships celebrated overseas may be recognized for certain limited legal purposes, but not as a marriage within Hong Kong.
Why You May Need a Lawyer
Lawyers can be sought for several reasons pertaining to marriage in Hong Kong. These reasons include drafting a prenuptial or postnuptial agreement, attaining advice on divorce, child custody, alimony, distribution of matrimonial property, or revealing the rights and obligations within a marriage contract. You may also require a lawyer if you find yourself involved in a dispute related to marriage, such as matrimonial frauds, marriage deception, disputes relating to customary marriage and more. It is recommended to retain a lawyer to avoid missteps with significant long-term legal repercussions.
Local Laws Overview
There are a few key aspects to marriage law that are quite particular to Kowloon, Hong Kong. The minimum age to marry is 16 for males and female. The marriage must be registered with any of the marriage registries under the Registrar of Marriages. Consanguinity laws prohibit marriages among blood relations in a direct line up to three generations, while affinity laws prohibit marriages to certain in-laws. Unequal power in marriage, such as cases of domestic violence, is strictly punishable under Sections 3, 4 of the Domestic Violence Ordinance. Divorce can be sought after a one-year period of marriage and must follow stipulated legal proceedings with grounds that the marriage has irretrievably broken down.
Frequently Asked Questions
1. Can foreigners get married in Kowloon, Hong Kong?
Yes, foreigners can marry in Hong Kong. They may need to provide proof of their marital status and residential address. Visitors need not be a resident of Hong Kong to get married there.
2. How long does it take to divorce in Kowloon, Hong Kong?
It depends upon the complexity of the case. An uncontested divorce may take about 4-6 months from the date the petition of divorce is filed.
3. Is there any restriction on re-marriage after a divorce?
No, there is no restriction on re-marriage once a divorce is finalized and a certificate of making a final order of divorce is issued by the court.
4. Is adultery illegal in Kowloon, Hong Kong?
Adultery is not a criminal offense but it is a ground for divorce under the matrimonial causes ordinance.
5. Can spouses share the same lawyer for a divorce?
No, Hong Kong ethics rules prohibit a lawyer from representing both parties in a divorce as it might lead to a conflict of interest.
Additional Resources
The Hong Kong Marriage Registry and the Hong Kong Legal Aid Department can provide pertinent resources regarding marriage in Kowloon, Hong Kong. The Family Court and Social Welfare Department also provide resources including family and child counselling services, and assistance for victims of domestic violence.
Next Steps
If you require legal assistance related to marriage in Kowloon, it is advisable to seek a local law firm specializing in family law. You should book an initial consultation, prepare any relevant documents such as marriage certificate, identity cards, and bring a list of any questions you may have. Remember, it is important to protect both your rights and interests in any legal matter.
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The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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