The Affidavit for Divorce is a fundamental document in Hong Kong divorce proceedings, required under the jurisdiction of the Hong Kong Family Court. It must be prepared in accordance with the Matrimonial Causes Ordinance (Cap. 179) and related Hong Kong legislation. This sworn statement presents the factual basis for the divorce petition, including details about the marriage, grounds for divorce, and supporting evidence. The affidavit must be properly executed before an authorized person and typically includes information about the parties' marriage, separation or other grounds for divorce, children (if any), financial matters, and matrimonial assets. It serves as primary evidence in divorce proceedings and requires careful preparation to ensure all relevant facts are accurately presented to the court.
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1. Title and Heading: States that this is an affidavit, identifies the court, and provides the case number if assigned
2. Deponent Information: Full name, occupation, and residential address of the person making the affidavit
3. Marriage Details: Date and place of marriage, details about the marriage certificate
4. Parties' Information: Current details of both parties including full names, occupations, and addresses
5. Jurisdiction Statement: Facts establishing the court's jurisdiction (e.g., habitual residence in Hong Kong)
6. Ground for Divorce: Clear statement of the ground(s) for divorce (e.g., separation, unreasonable behavior)
7. Supporting Facts: Chronological narrative of events supporting the ground(s) for divorce
8. Relief Sought: Clear statement of the orders sought from the court
9. Statement of Truth: Declaration that the contents are true and accurate
10. Jurat: Details of when and where the affidavit was sworn/affirmed
1. Children's Arrangements: Details about children of the marriage, their care arrangements, and education (required if there are children)
2. Financial Matters: Details of matrimonial assets, income, and proposed division (required if seeking financial orders)
3. Domestic Violence: Details of any domestic violence incidents with dates and supporting evidence (if applicable)
4. Previous Proceedings: Information about any previous legal proceedings between the parties (if applicable)
5. Immigration Status: Details of immigration status if either party's right to remain in Hong Kong is relevant
6. Reconciliation Attempts: Description of any attempts at reconciliation or marriage counseling (if applicable)
7. Medical Evidence: Description of medical conditions affecting either party if relevant to the divorce
1. Schedule of Assets: Detailed list of all matrimonial assets including properties, vehicles, investments, and bank accounts
2. Schedule of Documents: List of all documents referred to in the affidavit with exhibit numbers
3. Marriage Certificate: Certified copy of the marriage certificate with translation if not in English or Chinese
4. Documentary Evidence: Compilation of supporting documents such as photographs, correspondence, or other relevant evidence
5. Financial Schedule: Detailed breakdown of income, expenses, assets, and liabilities of both parties
6. Children's Information Schedule: Detailed information about children including education, medical needs, and care arrangements
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