Practice Directions

PRACTICE DIRECTION – 15.3

RECONCILIATION

1. The solicitor acting for a petitioner for divorce or judicial separation is required to certify whether he has discussed with the petitioner the possibility of a reconciliation and given him the names and addresses of persons qualified to help effect a reconciliation between parties to a marriage who have become estranged. Rule 12(3) of the Matrimonial Causes Rules (Cap.179) requires the certificate to be given to be in Form 3 in the Appendix.

2. It is not necessary for the names of individuals to be given to the petitioner. The following organizations will be regarded as “persons” qualified to help effect a reconciliation: Anglican Church Bishops's Office; Baptist Association (H.K.); Catholic Bishop's Office; Hong Kong Christian Council; American Baptist Mission; Church of Christ; Church of Jesus Christ of Latter-Day Saints; Methodist Church (Chinese) and Methodist Church (English).

3. The above list is not exclusive. In the circumstances of any case, there may be other organizations which should be regarded as qualified.

4. The object of the requirement is to ensure that parties know where to seek guidance when there is a sincere desire for a reconciliation. It is important that reference to a marriage guidance counseller or a probation officer should not be regarded as a formal step which must be taken in all cases, irrespective of whether or not there is any prospect of a reconciliation.