Anaya Nolan
Hong Kong law does not recognize common-law marriage, and unmarried couples do not have any legal status equivalent to that of married couples. There are very few grounds on which a party in an unmarried couple can apply for financial support from the other party in the event of a separation. However, there are laws protecting both parties in a de facto relationship in terms of domestic violence, and similar provisions for child maintenance are available to children of unmarried parents. Foreign marriages are generally recognized in Hong Kong as valid marriages, and the law also recognizes Chinese customary marriages and modern marriages conducted in Hong Kong before 7 October 1971.
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What You'll Learn
Hong Kong does not recognise common-law marriage
In Hong Kong, common-law marriage is not recognised by the legal system. This means that unmarried couples, regardless of how long they have been cohabiting, do not have the same legal status and rights as married couples.
Marriage in Hong Kong
The right to marry is a constitutional right in Hong Kong, protected by Article 37 of the Basic Law. The minimum age for marriage is 16, but if either party is under 21 and not a widow or widower, written consent is required. Marriages must be voluntary unions for life between one man and one woman, excluding all others, and the ceremony must be held at a Marriage Registry or licensed place of worship. This is called a registered marriage.
Foreign and Traditional Marriages
Hong Kong also recognises foreign marriages performed in accordance with the laws of the place where they took place, as well as two types of marriages conducted before 7 October 1971: Chinese customary marriages and modern marriages.
Rights of Unmarried Couples
Unmarried couples in Hong Kong have limited rights compared to married couples. They do not have the right to apply for maintenance, capital sum payments, or property transfers in the event of a separation. However, they can seek financial compensation or property awards based on general laws related to contracts or property contributions. Unmarried couples also have protection from domestic violence under the law, and both married and unmarried couples with children have similar provisions for child maintenance and custody.
Same-Sex Marriage
Same-sex marriages and civil partnerships are not recognised in Hong Kong, excluding these couples from the legal benefits of marriage.
In summary, while Hong Kong provides some protections for unmarried couples, particularly regarding children and property, it does not recognise common-law marriage, resulting in significant differences in legal rights compared to married couples.
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There is no legal status for unmarried couples
In Hong Kong, there is no such thing as a "common-law spouse". Unmarried couples do not have any legal status equivalent to that of married couples. Therefore, regardless of how long a couple may have been cohabiting, de facto couples do not enjoy the same rights as married couples.
There are currently laws protecting parties in a de facto relationship in terms of domestic violence, but if a long-term cohabiting couple separates, there are very few grounds on which one party can apply to the Court for financial support from the other party. This is in stark contrast to the position of married couples going through a divorce, who have the right to apply for a range of financial orders. For cohabiting couples, there is no right to apply to the Court for maintenance, a capital sum payment, or the transfer of property.
The only avenues for a claim would arise from the general laws relating to contract or property. For example, if one party contributed to the purchase price or loan repayments on a property, or made payments towards renovation, they may have grounds for a successful action. One area where married and de facto couples do have equal status is protection from violence. The Domestic and Cohabitation Relationships Violence Ordinance (Cap 189) allows victims of physical, verbal, or psychological abuse to seek legal remedies and apply for court injunctions.
In Hong Kong, marriage is defined as "the voluntary union for life of one man with one woman to the exclusion of all others". Same-sex couples are excluded from the legal institution of marriage, along with the benefits of marriage. Civil partnership (or same-sex unions) is not recognized in Hong Kong. However, under the UK Civil Partnership Act of 2004, British Nationals and BNO citizens have the right to register as civil partners, meaning Hong Kong residents holding BNO status possess the right to register for civil partnership under UK law.
While there is no legal status for unmarried couples in Hong Kong, there are other types of marriages recognized as valid if they were conducted before 7 October 1971. The first is a Chinese customary marriage, which follows traditional Chinese customs. The second is a modern marriage, where an unmarried man and woman, neither of whom were under 16 years of age, went through an open ceremony in the presence of at least two witnesses.
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De facto couples have limited rights
Hong Kong law does not recognise the concept of "common-law marriage". De facto couples, therefore, have limited rights compared to married couples.
Unmarried couples living together in Hong Kong do not enjoy the same benefits as married couples in areas such as taxation, pensions, medical treatment, and public housing. No matter how long they have lived together, de facto couples are not recognised as married under the law. This distinction becomes crucial in three main areas: estate provision, financial support in the event of separation, and parental rights.
De facto couples have no rights regarding maintenance, lump-sum payments, or property transfers upon separation. The only grounds for a claim arise from general laws relating to contracts or property, such as contributing to the purchase price or loan repayments of a property.
However, de facto couples do have equal protection from domestic violence under the Domestic and Cohabitation Relationships Violence Ordinance (Cap 189). This ordinance allows victims of physical, verbal, or psychological abuse to seek legal remedies and apply for court injunctions to prevent further violence.
Additionally, while unmarried fathers in Hong Kong must apply to the court to gain custodial rights, similar provisions for child maintenance are available to children of unmarried parents. These include monthly maintenance, lump-sum payments, and the transfer of property.
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Foreign marriages are recognised in Hong Kong
However, it is important to note that Hong Kong law does not recognise same-sex marriages or civil partnerships. Only marriages between one man and one woman are legally recognised. Additionally, there is no such thing as a "common-law spouse" in Hong Kong. Unmarried partners do not have financial claims against each other in the event of a breakup, but they are both entitled to make claims on behalf of any children they have together.
For couples who wish to marry in Hong Kong, there are a few key requirements to keep in mind. There is no residential requirement to register a marriage in Hong Kong, so tourists, employees with work visas, and temporary residents are all qualified to marry in the region. However, for foreigners staying abroad, it is necessary to file a Notice of Intended Marriage within three months of the wedding date. This notice must be completed, notarised, and filed with the required documents and fees to the Hong Kong Marriage Office. The ceremony must also have two legal witnesses who are at least 18 years old and have valid identification documents.
If one or both parties to the marriage are residing outside of Hong Kong, they should contact the Marriage Registration and Records Office to obtain the necessary forms and information. They will need to complete and authenticate the Notice of Intended Marriage form before submitting it to the Marriage Registration and Records Office. It is also important to note that even for religious weddings in Hong Kong, couples must comply with the legal marriage registration requirements for the marriage to be officially recognised.
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Same-sex couples are excluded from marriage
Hong Kong does not recognize common-law marriage. Under Section 40 of the Marriage Ordinance (Cap. 181), marriage is defined as a "formal ceremony recognized by law as involving the voluntary union for life of one man and one woman to the exclusion of all others." This definition explicitly excludes same-sex couples from the legal institution of marriage and the associated benefits.
While same-sex sexual activity was legalized in Hong Kong in 1991, the city has been slow to recognize the rights of LGBTQ individuals and couples. Same-sex couples are not allowed to marry in Hong Kong, and the government has stated that it has no plans to amend the law and approve same-sex marriage in the near future. This stance has been challenged in court several times, with activists arguing that the refusal to recognize same-sex marriages violates the Basic Law and the right to equality.
In a landmark ruling in April 2017, the Hong Kong High Court ruled in favor of a same-sex couple, finding that the Civil Service Bureau's policy of denying spousal benefits to the same-sex partner of a government employee was "indirect discrimination." This ruling set an important precedent and prompted calls for greater recognition of same-sex relationships.
Despite these legal challenges and increasing public support for same-sex marriage, Hong Kong's Court of Final Appeal upheld the same-sex marriage ban in September 2023. However, the court ordered the government to introduce an alternative legal framework for same-sex couples within two years, recognizing their right to legal protection and benefits equivalent to those of married couples.
While same-sex marriages performed overseas are not recognized in Hong Kong, the city has taken small steps towards recognizing the rights of same-sex couples. For example, in 2018, the Director of Immigration announced that Hong Kong would favorably consider applications for residence as a dependent for those in same-sex civil partnerships or marriages performed outside the city. Additionally, several court decisions have granted limited legal rights to same-sex couples, including the right to apply for a spousal visa, spousal benefits for partners of government employees, inheritance, and guardianship rights and joint custody of children.
Although same-sex couples in Hong Kong continue to be excluded from marriage, the legal landscape is slowly evolving, and there is growing recognition of the need to provide equal rights and protections to all couples, regardless of sexual orientation.
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Frequently asked questions
No, Hong Kong does not recognize common-law marriage. There is no legal status for unmarried couples equivalent to that of married couples in Hong Kong.
A foreign marriage celebrated outside Hong Kong in accordance with the law in force at the time and place is generally recognized as valid in Hong Kong, similar to a marriage registered in Hong Kong.
Since 7 October 1971, marriages in Hong Kong are only legally valid if they are registered marriages. Before this date, two other types of marriages were recognized as valid: Chinese customary marriages and modern marriages.
Unmarried couples in Hong Kong have very few rights. They do not have the right to apply for maintenance, a capital sum payment, or the transfer of property. However, they are protected by the Domestic and Cohabitation Relationships Violence Ordinance, which allows victims of abuse to seek legal remedies and apply for court injunctions.
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