Hong Kong Ordinances

MATRIMONIAL CAUSES ORDINANCE - SECT 11A

Proof of ground for petition

(1) A petition for divorce may be presented to the court by either party to a
marriage.

(2) The court hearing a petition for divorce shall not hold the marriage to
have broken down irretrievably unless the petitioner satisfies the court of
one or more of the following facts-

   (a)  that the respondent has committed adultery and the petitioner finds it
        intolerable to live with the respondent;

   (b)  that the respondent has behaved in such a way that the petitioner
        cannot reasonably be expected to live with the respondent;

   (c)  that the parties to the marriage have lived apart for a continuous
        period of at least 1 year immediately preceding the presentation of
        the petition and the respondent consents to a decree's being granted;

   (d)  that the parties to the marriage have lived apart for a continuous
        period of at least 2 years immediately preceding the presentation of
        the petition;

   (e)  that the respondent has deserted the petitioner for a continuous
        period of at least 1 year immediately preceding the presentation of
        the petition. (Replaced 29 of 1995 s. 7)