Divorce Grounds in Hong Kong

In Hong Kong, divorce is governed by the Matrimonial Causes Ordinance (Cap. 179). A court may grant a divorce if it is satisfied that the marriage has broken down irretrievably. To prove this, one of five legally recognized grounds must be established.

Below, we’ll walk through each ground with practical examples.

1. Adultery

If a spouse has committed adultery and the petitioner finds it intolerable to live with them, this is a valid ground for divorce.

Example:
Mr. Chan discovers that his wife has been in an intimate relationship with a colleague. Feeling betrayed and unable to continue the marriage, he files for divorce citing adultery. Evidence, such as text messages, photos, or even the spouse’s admission, may be presented in court.

2. Conduct/Behaviour

If one spouse behaves in such a way that the other cannot reasonably be expected to live with them, divorce may be granted.

Example:
Mrs. Wong suffers repeated verbal abuse and financial control from her husband, who refuses to allow her access to family funds. She claims unreasonable behaviour as the ground for divorce, demonstrating how his conduct made cohabitation intolerable.

3. Desertion (for at least one year)

If one spouse deserts the other for a continuous period of at least one year before the divorce petition, it may serve as a ground.

Example:
Mr. Lee’s wife moved out in 2021 without explanation or intention to return. By 2022, after more than a year of no contact, Mr. Lee files for divorce on the ground of desertion.

4. Separation (for one year with consent or two years without consent)

If a couple has lived apart for:

• One year and both consent to divorce, or
• Two years if one spouse does not consent,

then separation can be used as a ground.

Example (one year with consent):
Mr. and Mrs. Ho agreed to separate in 2023. After living apart for a full year, they both consent to file for divorce.

Example (two years without consent):
Mrs. Lam has been separated from her husband since 2020. Although her husband refuses to agree to divorce, she successfully petitions after two years of separation.