Wedded in Hong Kong, divorced in mainland China: whose laws apply in a cross-border marriage?
Department of Justice to seek public views on proposed reciprocal arrangements involving issues like maintenance payments and parental abduction
The government has launched a seven-week consultation in a bid to deepen legal links between the city and the mainland on matrimonial matters – which could lead to progress on tackling cross-border maintenance payments evasion and parental abduction.
In a statement on Monday, the Department of Justice said it would seek public views on the extent of coverage of proposed reciprocal arrangements – which could see Hong Kong courts’ matrimonial rulings valid on the mainland and vice versa.
Why Hong Kong career women marry men from China ... and where to divorce them
The consultation was announced following a legal panel meeting at the Legislative Council, which heard that marriages and divorces between Hongkongers and mainlanders had been on the rise.
While cross-border marriage made up 37 per cent of the city’s total marriages in 2014, about 20 to 30 per cent of divorces filed in Hong Kong were by residents who had wed on the mainland.
Up for discussion are the types of judgement which should be recognised, for instance, divorces, maintenance and custody orders.