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DIVORCE is surging in Hong Kong - up 40 per cent in two years, from 9,277 cases in 1994 to 13,038 in 1996.

  Ending a marriage, even a bad one, is an unpleasant process. But experts say there are ways to make the split go more smoothly.

 Unless you have no children and both parties agree on all terms, getting a good lawyer who specialises in divorce should be your first step.

 'Given that your solicitor is the front line [in a divorce], it's very important to chose the right one,' solicitor Sharon Ser of Hampton Winter & Glynn said.

 Ms Ser, who is also chairman of Hong Kong's Family Law Association, suggested calling the Law Society for a list of solicitors who specialise in family law and interviewing two or three before making a choice.

 Here are couple of qualities to look for:   Good communication. Does the lawyer take time to explain things? Do the two of you get along?   Honesty. Don't choose a lawyer who just says 'yes' to you, Ms Ser cautions. 'A decent solicitor needs to tell the client what the ups and downs are of something the client insists on,' she said.

 Even a simple divorce can cost from $12,000 to $15,000.

 Those which entail disputes over children, money or property can run into hundreds of thousands of dollars.

 'The more acrimony there is, the higher the cost,' Ms Ser said.

 Legal aid is available for divorce cases, but applicants are screened for merit and means.

 One way to cut costs is to go through divorce mediation, where couples isolate disputed issues and try to find solutions with the help of a neutral third party.

 Mediation 'saves money and the agreement is more likely to stick', barrister Jacqueline Leong Bing-lim said.

 Any agreement reached through mediation should immediately be endorsed by the court, so it would have the force of law.

 'Without a court order, it's not really worth the paper its written on,' she said.

 Several agencies in Hong Kong offer expert mediation. The Hong Kong Family Mediation Group's trained mediators charge from $1,500 to $2,000 per hour.

 Two groups offer free divorce mediation.

 The Hong Kong Catholic Marriage Advisory Group has provided free mediation since 1988, and the Hong Kong Family Welfare Society began offering free mediation services in April.

 Mediation's aim was to make the divorce less traumatic and to resolve the marriage in the most peaceful way, Welfare Society social worker Amarantha Yip Yun-wan said.

 Child custody was the most contentious issue, she said, followed by property disputes.

 Not all couples qualify for mediation. Those with a history of domestic violence might not be eligible, for example.

 A fair balance of power between the partners was crucial to a fair negotiation, Ms Yip said.

 Divorces fall into 'fault' and 'no-fault' categories. Abuse, abandonment or adultery are grounds for a fault divorce.

 No-fault divorce used to carry a requirement that the couple live apart for at least one year prior to filing. But a new law recognises that many cannot afford to set up separate households, even though they do not wish to be legally wed.

 The new 'Joint Application for Divorce' allows couples to file a notice with the court that they intend to divorce in 12 months but will continue to share living quarters in the meantime.

 Ms Ser called this the 'most civilised' of circumstances and said it could provide a transition period for the children while allowing the couple to share rental expenses.

The Family Law Association and Family Welfare Society will soon be reprinting an updated version of their handy divorce guide, which provides answers to many divorce-related questions. For a free copy, call the Family Law Association at 2528-1312.



Good legal advice helps to ease pain of divorce