Furthermore, in SPH/SA, it was decided that foreign elements might be relevant in determining whether the parties wished their agreement to be effective and referred to the Radmacher case, where the issues are subject to English law and where the relevance of German law and the choice of law clause lies in the fact that they demonstrated that the intention of the parties was: be bound by their agreement. It therefore appears that the situation is the same when the agreement is foreign or not, but there may be evidence of intent that may be relevant to the weight to be given to such agreements. In the event of an application for legal separation, the party must invoke one or more of the five facts, but cannot invoke the irretrievable breakdown of the marriage. The jurisdiction requirements are the same as in the case of divorce. There is no two-step process of nisi and absolute decrees and the degree of separation without dissolution of the conjugal band is the final decree. The same orders can be made with regard to children and finances. See s24 MCO, Part V. An absolute order is not made when applications or appeals are pending or when issues related to an s17A MCO application have not been resolved. S17A MCO refers to the Court`s obligation to examine the financial situation of the defendant after a divorce on the basis of a separation of one or two years. The parties should conclude the agreement within 28 days before the marriage. This is not a rule, but an indication that both parties had enough time to reconsider their positions before the wedding. The parties should also sign the document in the form of an act and, if there is a linguistic element, a translator should be present. There should be independent legal advice on both sides.

6.8 Are un married parents treated in the same way as married parents when the court separates or divorces? There are no specific procedural rules for recognizing a foreign decree, but the fact of the legal separation of the decree must be proved. See section 58 MCO. If you and your spouse have difficulty coordinating the care and contact agreement of your children in the separation/divorce process, you can contact the social workers of the specialized co-parenting centers. If there is an agreement between the parties, they must submit their settlement to the court order in the form of a subpoena. Even if there are no property or children, it is advisable to close all cases and reject all claims upon a compliant referral sealed by the court. Hong Kong therefore follows English law as it evolves in this area. In LCYP vs. JEK (ACOMP, Section 17, Marriage Contracts and Trusts) [2019] HKFLR 238; [2019] HKCFI 1588 examined whether the wife was responsible for an unincluded marriage contract. In this case, the judge found that the circumstances of a long marriage had changed so much that the parties could not foresee their situation at the time of divorce at the time of signing the marriage contract. However, the Tribunal would consider the agreement if it were not unfair. If the parties have reached an agreement on all matters before the divorce application is issued or if they have reached an agreement before the first appointment, they will never have to appear in court.

If there are disputes over children or finances, they may be required to participate either in the first appointment, which is the first hearing regarding the disputed finances, or in the appointment of children in the event of disagreement over the children, or both. Agreements in the family mediation sector are not legally binding. After seeking the advice of a lawyer, you can ask the court for your agreement to be made of a court order making the agreement legally binding.. . . .