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Confusing form spells trouble for parted couples

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Confusion surrounding the legal definition of marital status has put a separated couple at risk of criminal prosecution.

A senior lawyer specialising in family law said more estranged couples could fall into the same trap if the Immigration Department fails to clarify one of its forms.

Melville Boase, said he had handled two cases in the last two years arising from Form ID91, which is used to apply for an extension of stay by non-permanent residents.

The department requires applicants to tick one of the boxes on the line headed 'Marital Status' under which there are the choices of 'bachelor/spinster', 'married', 'divorced', 'separated' and 'widowed'.

Under the Matrimonial Causes Ordinance, couples who have lived apart for one year remain as 'married' until the court has granted an absolute divorce decree - a document which officially declares the couples have divorced.

Therefore, couples who have been living apart for some time but have not been granted a decree absolute may think they should declare their status as 'married' instead of 'separated' when they apply for an extension of stay.

Earlier this year, an estranged couple having lived apart for two years came under investigation by Immigration officials on suspicion that they had failed to disclose a change in their matrimonial status, Boase said.

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