Cecily Zamora
Hong Kong has been a popular destination for marriage registration, especially for foreigners, due to its simple procedure and high reputation. Foreign marriages are generally recognised in Hong Kong as long as they are valid in the jurisdiction where they were performed. This means that the parties must have had the capacity to marry and consented to the marriage in accordance with the law of their domicile before the marriage. However, it is not necessary to register overseas marriages in Hong Kong, and foreign matrimonial property regimes are not recognised in the region.
| Characteristics | Values |
|---|---|
| Recognition of foreign marriages in Hong Kong | A foreign marriage is recognised as valid in Hong Kong if it is a legal marriage in the jurisdiction where it took place. |
| Registration of foreign marriages in Hong Kong | It is not necessary to register a foreign marriage in Hong Kong. |
| Recognition of Canadian marriages in Hong Kong | A Canadian marriage is recognised as valid in Hong Kong if it is a legal marriage in Canada. |
| Registration of Canadian marriages in Hong Kong | It is not necessary to register a Canadian marriage in Hong Kong. |
| Requirements for marriage in Hong Kong | The minimum age for marriage in Hong Kong is 16 years. There are no residential requirements for marriage in Hong Kong. |
| Recognition of same-sex marriage in Hong Kong | Same-sex marriage is not recognised in Hong Kong. |
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What You'll Learn
Hong Kong's recognition of foreign marriages
Hong Kong is a popular destination for marriage registration, especially for foreigners. The territory has no residential requirements for marriage, and the marrying parties may be of any nationality. This means that anyone can qualify to get married in Hong Kong, regardless of whether they are a tourist, employee with a working visa, or temporary resident.
For those who are already married and looking to have their marriage recognised in Hong Kong, foreign marriages are generally recognised as valid, similar to marriages registered in Hong Kong, as long as they were celebrated outside Hong Kong in accordance with the law in force at the time and place of the marriage. Additionally, foreign matrimonial property regimes are not recognised in Hong Kong.
If a couple wishes to get married in Hong Kong, they must follow the procedures outlined in the Marriage Ordinance (Cap. 181 of The Laws of Hong Kong). This includes giving a Notice of Intended Marriage to the Registrar of Marriages in the prescribed form, either directly or through a civil celebrant of marriages. The notice must be exhibited in the marriage registry for at least 15 clear days, and the marriage must take place within 3 months after giving notice. The marrying parties must also produce Hong Kong identity cards, travel documents, or other identification documents. Passports will be required, and if previously married, valid documents showing the termination of the previous marriage(s). For those aged 16 to 21, written consent from a parent or legal guardian is also mandatory.
Hong Kong permits religious wedding ceremonies conducted by registered celebrants from recognised religious organisations, but these must still comply with the legal marriage registration requirements. An official Hong Kong marriage certificate is internationally recognised and can be authenticated with an Apostille Stamp under the Hague Apostille Convention.
It is important to note that same-sex marriage is not yet legal in Hong Kong, and the government does not allow same-sex couples to marry legally.
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Registration of foreign marriages in Hong Kong
Hong Kong law recognises a foreign marriage between a man and a woman as valid, provided that it is a valid marriage in the jurisdiction where it took place. It is not necessary to register a foreign marriage in Hong Kong. However, foreign matrimonial property regimes are not recognised in Hong Kong.
If you are a foreigner and want to get married in Hong Kong, there is no residential requirement. No matter your status—tourist, employee with a working visa, or temporary resident—you are qualified to marry in Hong Kong. If you are unsure if you need a visa to travel to Hong Kong as a tourist, you can contact the Hong Kong Marriage Office to find out.
For foreigners staying abroad, it is necessary to file a Notice of Intended Marriage within three months of the wedding date. You will have to complete the application forms and notarise them in front of a Notary before filing all required documents with the necessary fees to the Hong Kong Marriage Office. You can make an appointment at a marriage registry for giving notice, or you can give notice through a Civil Celebrant of Marriages. If both parties are living outside Hong Kong, you should write directly to the Marriage Registration and Records Office for a copy of the Notice of Intended Marriage form and an information sheet. The completed notice form must be authenticated by a Notary Public of the country where you live.
If your marriage is to take place in a licensed place of worship or is to be celebrated by a civil celebrant of marriages, you should consult the officiating minister or civil celebrant of marriages for the exact date, time, and place of the wedding. You should also ensure that a Certificate of Registrar of Marriages has been issued before the ceremony takes place. Both parties should, after their arrival in Hong Kong, attend the Marriage Registration and Records Office within office hours or meet their civil celebrant, bringing their travel documents and originals of the documents submitted earlier. The party giving notice should make an affidavit before the Registrar or the civil celebrant that there is no impedient of kindred or affinity or any other lawful hindrance to the marriage.
An official Hong Kong marriage certificate is internationally recognised and eligible for authentication with an Apostille Stamp under the Hague Apostille Convention. To qualify for an Apostille Stamp, the certificate must include the signature of the marriage registrar and the official seal of the marriage registry. For couples planning to use their marriage certificate outside Hong Kong, it is recommended to go for an official Marriage Registry Wedding to ensure proper documentation.
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Divorce law in Hong Kong for foreign marriages
Hong Kong is a popular place for foreigners to get married due to its simple procedure and high reputation. However, it is important to note that the divorce laws in Hong Kong for foreign marriages can be complex. Here is an overview of the key points regarding divorce law in Hong Kong for foreign marriages:
Recognition of Foreign Marriages
Hong Kong generally recognises foreign marriages as valid, similar to marriages registered in Hong Kong, as long as they were celebrated outside Hong Kong according to the laws of the jurisdiction where the marriage took place. Additionally, for a foreign marriage to be recognised in Hong Kong, it must be between a man and a woman. Same-sex marriages, even if legally performed in another jurisdiction, are not recognised in Hong Kong.
Jurisdiction for Divorce Proceedings
For expats or foreigners who wish to initiate divorce proceedings in Hong Kong, at least one spouse must satisfy one of the following conditions:
- Be domiciled in Hong Kong at the date of the divorce petition, meaning they consider Hong Kong as their permanent home.
- Be habitually resident in Hong Kong for three years immediately preceding the date of the divorce petition.
- Have a substantial connection with Hong Kong at the date of the divorce petition, including factors such as the matrimonial home, work, or children studying in Hong Kong.
Divorce Process
The sole ground for divorce in Hong Kong is that the marriage has broken down irretrievably. If both parties agree to the divorce, they must appear before a designated public officer, who will explain the consequences and ask them to sign an agreement. If only one party wants a divorce, they can apply to the Family Court of Hong Kong in the usual way, but only after the registration or validation of the marriage.
Financial Matters and Property
Hong Kong courts have the power to make orders regarding financial claims and the division of matrimonial assets, even if the marriage was dissolved in a foreign jurisdiction. However, foreign matrimonial property regimes are not recognised in Hong Kong, and the court will consider various factors when making orders for financial provision.
Recognition of Foreign Divorces
Hong Kong recognises foreign divorces if, at the date of the commencement of divorce proceedings in the foreign country, either party was:
- Habitually resident in that place.
- A national of that place.
However, there are exceptions where foreign divorces will not be recognised in Hong Kong, including cases where:
- There was no subsisting marriage between the parties according to Hong Kong law.
- The divorce was obtained without the other spouse's knowledge or opportunity to participate in the proceedings.
- Recognition would be manifestly contrary to public policy.
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Recognition of same-sex marriages in Hong Kong
Hong Kong does not recognise same-sex marriages or civil unions. However, in a partial victory for the city's LGBTQ+ community, the Court of Final Appeal ruled on 5 September 2023 that the government had a constitutional duty to provide an alternative legal framework for same-sex partnerships to be recognised. The court upheld the same-sex marriage ban but set a two-year deadline for the government to establish this framework.
The ruling came about as a result of a case brought by activist Jimmy Sham, who married his partner in the USA in 2014 and sought legal recognition of that marriage in Hong Kong. Sham argued that it was "unfair and discriminatory" that same-sex couples did not enjoy the same rights and benefits as married opposite-sex couples. The Court of Appeal upheld the High Court's dismissal in August 2022, but the Court of Final Appeal later granted leave to appeal.
Despite this recent ruling, same-sex couples in Hong Kong are still prevented from enjoying the full rights held by opposite-sex couples. Examples of this discrimination can be found in almost every aspect of life. Same-sex couples are not allowed to marry or enter into any form of registered civil partnership in Hong Kong, and their marriages are not legally recognised even if conducted overseas. In 2014, an immigration officer, Angus Leung Chun-kwong, married his same-sex partner, Scott Adams, in New Zealand. Following the wedding, Leung attempted to update his marital status with the Civil Service Bureau, which provides spousal benefits such as medical care and joint tax assessment. The Bureau rejected Leung's attempts, prompting a legal challenge. On 28 April 2017, the Hong Kong High Court ruled in Leung's favour, calling the Bureau's policy "indirect discrimination". However, the Hong Kong Government appealed the ruling, and in June 2018, the Court of Appeal ruled against the couple, arguing that only opposite-sex couples should enjoy the "freedom of marriage".
The couple then appealed to the Court of Final Appeal, which in June 2019 ruled that both the Civil Service Bureau and the Inland Revenue Department had unlawfully discriminated against the couple, and that the same-sex spouse of a government employee should receive the same spousal benefits as an opposite-sex spouse. This was a landmark ruling, and the Court of Final Appeal and lower courts in Hong Kong have since held the blanket denial of partnership rights for same-sex couples to be discriminatory, allowing for some limited progress in rights. These include the right to apply for a spousal visa, spousal benefits for the partners of government employees, inheritance, and guardianship rights and joint custody of children.
Activists hope that the Court of Final Appeal's ruling in September 2023 will encourage further acceptance of same-sex marriage across Asia, where it is currently only legal in Taiwan and Nepal. Polling suggests that support for same-sex marriage is rising in Hong Kong, with a 2023 survey estimating that 60% of residents supported it, up from 38% a decade earlier. However, activism has become increasingly difficult under the government's security crackdown after the 2018 pro-democracy protests, and the Hong Kong government is increasingly tied to the central government in China, where there is a growing crackdown on LGBTQ+ groups.
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Hong Kong's recognition of foreign matrimonial property regimes
Hong Kong does not have a matrimonial regime of its own. However, it does recognise foreign marriages as valid, provided they are considered valid in their respective jurisdictions. Foreign matrimonial property regimes are not recognised in Hong Kong, but its courts may require expert evidence of the law in another jurisdiction if the couple married under a marital regime in another country.
In the case of divorce, Hong Kong law requires full disclosure of all assets held by the parties, including those held outside of Hong Kong. The Court will then decide whether these assets will form part of the matrimonial pot, and make appropriate orders under the Matrimonial Proceedings and Property Ordinance (MPPO).
The Court will consider the parties' conduct and all the circumstances of the case, including income, earning capacity, property, and other financial resources, as well as financial needs, obligations, and responsibilities. The standard of living enjoyed by the family before the breakdown of the marriage, the age of each party, and the duration of the marriage are also taken into account.
In the absence of a nuptial agreement, property acquired during the marriage is considered jointly owned and shall be equally shared, unless one party is at fault for the breakdown of the marriage, in which case the Court may be more generous towards the no-fault party when dividing assets.
Hong Kong also recognises traditional Chinese marriages and modern marriages, where an unmarried man and woman above the age of 16 go through an open ceremony in the presence of at least two witnesses.
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Frequently asked questions
No, Hong Kong does not recognize same-sex marriages performed in Canada or anywhere else.
Yes, Hong Kong does recognize opposite-sex marriages performed in Canada as long as the marriage is valid in Canada and both parties are at least 16 years old.
No, it is not necessary to register your marriage with the Registrar of Marriages in Hong Kong when you move there. However, you must inform the Immigration Department of your change in marital status by filling in a Form ROP 18.
For a marriage to be recognized in Hong Kong, it must be "essentially and formally valid". Essential validity means that both parties had the capacity to marry and consented to the marriage in accordance with the law of their domicile before the marriage. Formal validity means that the marriage was performed in accordance with the law of the country where it was celebrated.
