Affidavit For Divorce for Hong Kong

Affidavit For Divorce Template for Hong Kong

An Affidavit for Divorce is a sworn legal document used in Hong Kong divorce proceedings, filed under the jurisdiction of the Hong Kong Family Court. This document contains detailed statements of facts supporting the grounds for divorce, including information about the marriage, separation or other grounds for divorce, and relevant circumstances. The affidavit must comply with Hong Kong's Matrimonial Causes Ordinance (Cap. 179) and related legislation, requiring proper swearing or affirmation before an authorized person such as a solicitor or Commissioner for Oaths. It serves as crucial evidence in divorce proceedings and may include information about children, financial matters, and matrimonial assets.

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What is a Affidavit For Divorce?

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.

What sections should be included in a Affidavit For Divorce?

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

What sections are optional to include in a Affidavit For Divorce?

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

What schedules should be included in a Affidavit For 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

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Hong Kong

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
Relevant Industries

Legal Services

Professional Services

Court Services

Public Sector

Family Services

Social Services

Relevant Teams

Legal

Litigation

Family Law

Document Processing

Court Administration

Client Services

Notarial Services

Administrative Support

Relevant Roles

Family Law Solicitor

Legal Executive

Paralegal

Court Clerk

Commissioner for Oaths

Justice of Peace

Family Court Judge

Legal Secretary

Family Law Partner

Legal Assistant

Document Specialist

Court Administrator

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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