Hong Kong Ordinances

MATRIMONIAL CAUSES ORDINANCE - SECT 11B

Proof of ground for application, etc.

(1) An application for divorce shall be made to the court jointly by both
parties to the marriage.

(2) The court hearing an application for divorce shall not hold the marriage
to have broken down irretrievably unless it is satisfied as regards either or
both of the following facts-

   (a)  that the parties to the marriage have lived apart for a continuous
        period of at least 1 year immediately preceding the making of the
        application; and

   (b)  that not less than 1 year prior to the making of the application a
        notice under subsection (3), signed by each of such parties was given
        to the court and that the notice was not subsequently withdrawn.

(3) (a) The parties to a marriage may at any time give to the court a written
notice signed by each of them of their intention to apply to the court to
dissolve their marriage.

   (b)  A notice under this subsection shall be in such form as is for the
        time being specified in rules made under section 54. (Added 29 of 1995
        s. 7)