Last reviewed: 28 October 2026
Quick answer
You can usually divorce in Australia if either spouse is an Australian citizen, is domiciled in Australia, or has ordinarily lived here for 12 months. You can divorce in Hong Kong if either spouse is domiciled there, has habitually lived there for three years, or has a substantial connection with Hong Kong. Hong Kong starts from equal sharing of assets, while Australia weighs contributions and future needs, so where you file can make a real difference. Hong Kong and Australia apply the Hague Child Abduction Convention to each other, and maintenance can be enforced between them.
Hong Kong families have lived in Australia for generations, and many still keep apartments, businesses and parents in Hong Kong. Many couples also live apart, with one spouse working in Hong Kong while the other raises the children in Melbourne or Sydney. When these marriages end, both legal systems may apply.
Where can you file?
Australia
At least one spouse must:
- be an Australian citizen;
- be domiciled in Australia; or
- have ordinarily lived in Australia for the 12 months before filing.
You must have been separated for 12 months with no reasonable likelihood of reconciliation. Living apart in different cities, or under one roof, can both count as separation. Couples married less than two years need a counselling certificate or an explanation.
Hong Kong
Under the Matrimonial Causes Ordinance, either spouse must, at filing, be domiciled in Hong Kong, have been habitually resident there for the three years before filing, or have a substantial connection with Hong Kong. Substantial connection looks at factors such as how long a person has lived there, whether they intend to stay, their employment and their property.
The only ground for divorce is that the marriage has irretrievably broken down. A sole petition must prove a fact such as one year’s separation with consent, two years’ separation without consent, unreasonable behaviour, adultery or desertion. A joint application can be made after one year’s separation. A petition generally cannot be filed in the first year of marriage.
Australia or Hong Kong: which court?
The two systems divide property differently, and parallel proceedings are common in high-value cases.
- Hong Kong starts from equality as the yardstick, following the Court of Final Appeal’s decision in LKW v DD (2010). The court identifies the assets, assesses each party’s needs, and where assets exceed needs, divides them equally unless there is good reason to depart.
- Australia has no starting presumption of equal division. It weighs each party’s financial and non-financial contributions, including before the marriage and after separation, and adjusts for future needs such as care of children, earning capacity and housing.
In a long marriage where both spouses contributed equally, the results may be similar. In a short marriage, or where one spouse brought substantial wealth or family gifts into the marriage, they can differ significantly.
An Australian court will only stop its own case if Australia is a clearly inappropriate forum. Hong Kong courts consider whether Hong Kong is the more appropriate place. Racing to file without a strategy can be costly; it is better to get advice early and act deliberately.
Serving divorce papers in Hong Kong
Hong Kong applies the Hague Service Convention, so Australian documents can be served there through the Convention process. Documents must be served at least 42 days before the hearing.
Dividing property in both places
What an Australian court considers
An Australian court considers all property and debts of both parties, wherever located, including:
- Hong Kong flats and commercial property;
- MPF balances, which are not Australian superannuation;
- Hong Kong bank accounts, shares and investments;
- private companies and family businesses in Hong Kong or mainland China;
- interests in family trusts and expected family support.
Each party must fully disclose their financial circumstances, including overseas assets. Since 10 June 2025, the Family Law Act sets out the property process directly, including the economic effect of family violence and housing needs for children.
An Australian court acts on the parties. It can order a spouse to transfer, sell or refinance a Hong Kong flat, or it can adjust the division of Australian assets. If a party refuses, steps in Hong Kong may be needed. MPF cannot be split under Australian superannuation splitting laws, but its value forms part of the overall picture.
Divorced in Hong Kong, property in Australia
Sometimes a couple divorces in Hong Kong but property in Australia is never dealt with properly. An Australian court may still be able to make property orders after an overseas divorce, if there is Australian jurisdiction and the application is made in time. Hong Kong also allows a spouse to seek financial relief after an overseas divorce if they meet Hong Kong’s connection requirements and have not remarried. These rules give both spouses options, and risks, after a divorce in either place.
Assets in mainland China
Many Hong Kong families also hold assets in mainland China. Since February 2022, Hong Kong and the Mainland recognise and enforce each other’s family judgments, including divorce, custody, maintenance and property orders. That arrangement does not extend to Australian orders, so where mainland assets are significant, it can affect which court is best placed to decide.
Children
In Australia, parenting arrangements are made in the child’s best interests. There is no presumption of equal shared parental responsibility since May 2024. Hong Kong courts also treat the child’s welfare as paramount.
Moving between Hong Kong and Australia
A parent who wants to move a child from Australia to Hong Kong, or from Hong Kong to Australia, needs the other parent’s agreement or a court order. Courts look closely at how the child’s relationship with the other parent will be maintained.
Wrongful removal or retention
The Hague Child Abduction Convention applies between Hong Kong and Australia. A parent whose child has been wrongfully taken to Hong Kong, or kept there, can apply through Australia’s Central Authority for the child’s return. The same applies in reverse.
The position is different if a child is taken to mainland China, which is not a party to the Convention. For families with ties to both Hong Kong and the Mainland, this makes preventive orders especially important. An Australian court can place a child on the Family Law Watchlist, require passports to be surrendered and restrain travel.
Child support and maintenance
Hong Kong is a reciprocating jurisdiction for child support, so Services Australia can assess and collect child support where one parent lives in Hong Kong. Maintenance orders can also be registered and enforced between the two jurisdictions under reciprocal arrangements.
Prenuptial and financial agreements
Hong Kong courts give decisive weight to a prenuptial agreement that was freely entered into with a full understanding of its effect, unless holding the parties to it would be unfair. Australia’s binding financial agreements must meet strict requirements, including independent legal advice to each party, to be binding.
An agreement that works in Hong Kong may not be binding in Australia, and the reverse is also true. Couples with assets in both should consider coordinated agreements.
Resolving it by agreement
Most cross-border separations are resolved by negotiation or mediation. Online mediation suits families split between Hong Kong and Australia. Justin conducts mediations in English and Mandarin, and the firm also advises in Cantonese. An agreement can be formalised as Australian consent orders, with matching steps in Hong Kong where needed.
Frequently asked questions
We married in Hong Kong and moved to Melbourne. Where do we divorce? Usually Australia, if one of you meets the Australian requirements. Hong Kong may also be available if one of you still has a sufficient connection there.
My husband works in Hong Kong and I live in Australia with our children. Can I file here? Yes, if you meet the Australian requirements. Your husband can be served in Hong Kong under the Hague Service Convention.
Does Hong Kong always split assets 50:50? Equality is the starting yardstick where assets exceed needs, but Hong Kong courts can depart from it, for example for pre-marital or inherited assets.
Can an Australian court deal with my spouse’s Hong Kong flat? The court includes it in the property pool and can order your spouse to transfer or sell it, or adjust the Australian assets.
What if my child is taken to Hong Kong? A Hague Convention return application can be made through the Attorney-General’s Department. Act quickly.
Is MPF divided like superannuation? No. MPF is not Australian superannuation, but its value is taken into account.
How we help
Chua Tan Associates has practised in Melbourne since 1990 and advises Hong Kong families in English, Cantonese and Mandarin. Our principal, Justin Chua, studied in Hong Kong and worked in finance there before practising law, and understands how Hong Kong families hold property, companies and investments.
Justin is a Nationally Accredited Mediator, Family Dispute Resolution Practitioner and family law arbitrator. We work with Hong Kong solicitors where parallel steps are needed. We help with:
- deciding where to file and when;
- property settlements involving Hong Kong and mainland assets;
- Hague Convention returns and urgent travel orders;
- relocation between Hong Kong and Australia;
- prenuptial and binding financial agreements.
The initial consultation is a paid 30-minute consultation by video or in Melbourne. Contact us to book.
This article is general information only and is not legal advice. Hong Kong law points are a general overview; advice from a Hong Kong solicitor may be needed for steps in Hong Kong.
Official sources
Cross-border separation guides for other countries
Chua Tan Associates acts for families and their professional advisers on Australian legal matters with a cross-border dimension, working alongside lawyers overseas. To arrange a confidential consultation, please contact our Melbourne office on +61 3 9602 3988 or submit an enquiry. Advice is available in English, Mandarin and Cantonese.
Justin Chua (蔡智勋), lawyer and mediator, Chua Tan Associates, Melbourne. General information only, not legal advice.
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