Under Hong Kong law, grounds for divorce fall into two broad categories: fault-based and no-fault. The most commonly invoked fault-based ground is adultery, which can be proven by demonstrating that one spouse has had an extramarital affair. Other grounds include desertion, cruelty, and insanity. In contrast, no-fault grounds do not require proof of wrongdoing on the part of either spouse. The most commonly invoked no-fault ground is 'separation for a continuous period of at least three years.' However, other grounds such as 'irretrievable breakdown' and 'unreasonable behaviour' are also recognised. Given the range of grounds that are available, it is likely that there is a ground that applies to any given situation.

Willard Li, partner at Haldanes joins us in this conversation about grounds of divorce in Hong Kong.

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