Marriage
The Marriage Ordinance requires notice to the Registrar and a ceremony before a registrar or a competent minister. In 2023 the Court of Final Appeal held in Sham Tsz Kit that the government must establish an alternative framework recognising same-sex partnerships, giving it a period to comply.
Key points
| Age | 16 with written parental consent; 21 without |
|---|---|
| Polygamy | Prohibited since the 1971 marriage reform; concubinage is recognised only for unions predating it. |
| Notice | Given to the Marriage Registry, valid for three months |
| Same-sex marriage | Not available; a recognition framework was ordered by the Court of Final Appeal in 2023 |
| Overseas same-sex marriages | Recognised for specific purposes such as tax, housing and dependant visas, following litigation |
| Celebrants | Registrars and civil celebrants of marriages |
| Witnesses | Two |
| Notice validity | The notice of intended marriage is valid for three months |
| Civil celebrants | Introduced in 2006; they may officiate anywhere in Hong Kong |
| Competent ministers | May officiate in licensed places of worship |
In practice
- Give notice at the Marriage Registry or through a civil celebrant.
- Order the marriage certificate after the ceremony.
- Same-sex couples should take advice on which specific entitlements are currently recognised.
- Give notice at a marriage registry; the three-month validity period starts then.
- Civil celebrants allow ceremonies outside registry hours and venues.
Cost and coverage
Registry fees are modest; civil celebrants set their own fees.
Recent changes
A series of court decisions has extended specific rights to same-sex couples married abroad — spousal visas, tax treatment, public housing — even without recognition of the marriage itself.
Where to go
- Immigration Department Marriage Registries.
- Civil celebrants of marriages, listed publicly.
- Equal Opportunities Commission for discrimination questions.
Worth knowing
For same-sex couples, the position in Hong Kong is a patchwork built from individual court rulings: entitlements have to be checked one by one rather than assumed from the marriage itself. The courts have required a framework for recognising same-sex partnerships for specific purposes. That is not the same as marriage, and the details are still developing.
The general article: Marriage · Compare with another country
Same-sex marriage
Hong Kong decriminalised sex between men in 1991. In September 2023 the Court of Final Appeal held that the absence of any legal recognition of same-sex partnerships breached the constitutional right to equality, and gave the government two years to establish an alternative framework. A registration bill limited to couples married abroad was introduced in 2025 and voted down by the Legislative Council in September 2025; the court's deadline passed in October 2025 without a framework.
Hong Kong is the clearest current example of rights won in court and refused by a legislature. A series of judgments since 2018 built a patchwork of entitlements — visas, tax, housing, inheritance — and the Court of Final Appeal then required a coherent framework. The bill that would have delivered it was the first government bill the reformed Legislative Council ever voted down.
Key points
| Marriage | Not available |
|---|---|
| Decriminalisation | 1991 |
| Court ruling | Court of Final Appeal, September 2023: framework required within two years |
| Bill | Registration of Same-sex Partnerships Bill rejected in September 2025 |
| Deadline | Expired in October 2025 with no framework in place |
| Piecemeal recognition | Spousal visas, tax, public housing and inheritance recognised by earlier rulings |
| Discrimination | No statute covering sexual orientation |
In practice
- Several specific rights already exist through litigation: dependant visas, joint taxation, public housing and intestate inheritance.
- Each of those was won case by case; they do not add up to a status and do not travel together.
- A foreign marriage certificate is worth carrying: it is the basis for the recognised entitlements.
- Wills and enduring powers of attorney remain essential in the absence of a framework.
Cost and coverage
There is no union to register locally. Legal costs relate to wills and to any application based on an existing foreign marriage.
Recent changes
The Legislative Council rejected the government's registration bill in September 2025 by seventy-one votes to fourteen, and the government said it would not seek an extension of the court's suspension period.
Where to go
- Immigration Department, for dependant visa applications based on a foreign marriage.
- Equal Opportunities Commission, which has called for legislation.
- Solicitor, for wills and enduring powers of attorney.
Worth knowing
Recognition here is functional and fragmented: a foreign marriage counts for a visa, for tax and for inheritance because courts said so, but not as a status. Do not assume that a win in one area carries into another.
Frequently asked questions
What is actually recognised today?
A foreign same-sex marriage is recognised for defined purposes established by litigation: a dependant visa, joint assessment for salaries tax, eligibility for certain public housing schemes, and rights on intestacy. It is not recognised as a marriage, and there is no register to enter.
What happens now that the deadline has passed?
The court's suspension expired without a framework, which leaves the declaration of unconstitutionality standing and the remedy unimplemented. Further litigation is the likely route; the government has said it would study the position with the Department of Justice.
The general article: Same-sex marriage · Compare with another country
Religious ceremony
Competent ministers and civil celebrants both perform legally valid ceremonies, after a notice period.
The Marriage Ordinance allows marriages to be celebrated in a licensed place of worship by a competent minister, in a marriage registry, or by a civil celebrant at another venue — an option introduced in 2006 that has become popular. A notice of intended marriage must be given to the Registrar, and the marriage is valid once the notice period has passed and the ceremony held.
Key points
| Options | Licensed place of worship, marriage registry, or civil celebrant |
|---|---|
| Competent minister | Authorised to celebrate at a licensed place of worship |
| Notice | Given to the Registrar of Marriages; the notice is valid for three months |
| Witnesses | Two |
| Chinese customary marriages | Those before October 1971 remain recognised |
| Minimum age | 16 with parental consent, 21 without |
| Licensed places of worship | A published list is maintained |
| Civil celebrants | May officiate anywhere, at any time |
| Pre-1971 customary marriages | Remain recognised |
In practice
- Check the notice's three-month validity if the date moves.
Where to go
- Marriage Registries of the Immigration Department.
- List of licensed places of worship and civil celebrants.
- Duty Lawyer Service free legal advice.
Worth knowing
The notice of intended marriage is valid for three months only. If the ceremony is postponed beyond that, a fresh notice must be given. Civil celebrants introduced in 2006 made venue and timing flexible. They are now the most common route for non-religious ceremonies.
The general article: Religious ceremony · Compare with another country
Wedding customs and ceremonies
Door games, the tea ceremony and a qun kwa for the traditional part of the day.
A Hong Kong wedding day starts early and is tightly scheduled. The groom's party must pass door games set by the bride's friends, paying lai see to progress; the couple then serves tea to both families in order of seniority; the bride wears a red qun kwa for the traditional part and often changes into white for the banquet.
The traditional part of a Hong Kong wedding day starts early at the bride's home with door games, in which the groom and his friends must complete tasks and hand over lai see before being let in. It moves to the tea ceremony, where the couple serve tea to elders in order of seniority and receive jewellery or red packets in return. The bride often wears a qun kwa, the red embroidered two-piece, for this part and changes later.
Key points
| Door games | Tests set by the bride's friends, with red packets to pass |
|---|---|
| Tea ceremony | Tea served to elders in strict order of seniority |
| Qun kwa | Red embroidered dress for the traditional part of the day |
| Lai see | Red packets, given and received throughout |
| Banquet | Evening banquet of many courses, with a change of dress |
| Auspicious dates | Chosen with care, sometimes from an almanac |
| Registration | Civil registration, separate from the ceremonies |
In practice
- The lai see amount is expected to cover roughly your seat at the banquet.
- Even numbers are auspicious, except four — avoid it in any amount.
- The day starts very early: door games can begin before dawn.
- Auspicious dates fill up years in advance at popular venues.
What it costs
A Hong Kong banquet typically runs HK$8,000 to HK$20,000 per table of twelve, and a full celebration commonly reaches HK$300,000 or more. Red packets from guests cover a substantial portion.
Recent changes
The Marriage Registry has expanded online booking and the list of licensed venues, and smaller celebrations with one banquet instead of two have become more common.
Frequently asked questions
What is the tea ceremony?
The couple kneel or bow and serve tea to their parents and elder relatives in strict order of seniority, addressing each by the correct kinship term. In return they receive red packets or gold jewellery. It is the moment the families formally accept the marriage, and it matters more than the banquet.
How much should you put in a red packet?
Enough to cover your seat at the banquet is the working rule, so the amount depends on the venue — a hotel banquet implies more than a restaurant. Even numbers are preferred, eight is auspicious and four is avoided. Give it at the reception desk on arrival.
The general article: Wedding customs and ceremonies · Compare with another country
Matrimonial property and inheritance
Sharing principle on divorce, statutory intestacy shares, and no estate duty since 2006.
Hong Kong follows English authority on ancillary relief, applying a sharing principle after LKW v DD. On death, the Intestates' Estates Ordinance sets fixed shares, and the Inheritance (Provision for Family and Dependants) Ordinance allows claims by spouses, children and dependants. Estate duty was abolished for deaths on or after 11 February 2006.
Key points
| Divorce | Sharing principle, with needs and compensation strands |
|---|---|
| Prenuptial agreements | Given weight following English authority, not automatically binding |
| Intestacy | Fixed shares for surviving spouse and children under the Ordinance |
| Family provision | Claims available to spouses, children and dependants |
| Estate duty | Abolished in 2006 |
| MPF | Mandatory Provident Fund balances form part of the estate |
| Cross-border assets | Common, and require coordinated planning |
| Sharing approach | Courts follow English authority towards equal division of matrimonial assets |
In practice
- Make a will covering assets in every jurisdiction where you hold property.
- Consider whether a foreign will could inadvertently revoke your Hong Kong will.
- Apply for probate through the Probate Registry; small estates have a simplified route.
- Keep MPF and insurance documentation with your will.
- Make separate wills for assets in different jurisdictions, drafted so they do not revoke each other.
- Update the MPF beneficiary nomination after any change in family circumstances.
Cost and coverage
Probate fees are modest; no estate duty applies.
Recent changes
The absence of estate duty has made Hong Kong attractive for holding assets, which in turn makes cross-border will drafting a common issue.
Where to go
- Probate Registry of the High Court.
- Official Administrator for small estates.
- Law Society of Hong Kong for referrals.
Worth knowing
Multiple wills across jurisdictions must be drafted to work together. A later foreign will with a general revocation clause can wipe out your Hong Kong will entirely. Assets on the mainland are governed by different rules and need separate planning. A Hong Kong will alone often cannot reach them.
The general article: Matrimonial property and inheritance · Compare with another country
Divorce
The Matrimonial Causes Ordinance provides that a petition cannot normally be presented within the first year of marriage. The sole ground is irretrievable breakdown, established by adultery, unreasonable behaviour, desertion, one year's separation with consent, or two years' separation without.
Divorce in Hong Kong requires one year of marriage before a petition can be filed, and the sole ground is irretrievable breakdown, proved by one of five facts: adultery, unreasonable behaviour, one year's separation with consent, two years' separation without, or desertion. Financial provision follows the approach set out by the Court of Final Appeal, which applies sharing and needs principles familiar from English law.
Key points
| One-year bar | No petition within the first year of marriage, save in exceptional cases |
|---|---|
| Facts | Adultery, unreasonable behaviour, desertion, 1 year separation with consent, 2 years without |
| Joint application | Available where both parties agree |
| Ancillary relief | Court applies a sharing approach influenced by English authority since LKW v DD |
| Children | Welfare is the paramount consideration |
| Mediation | Actively encouraged by the Family Court |
In practice
- File at the Family Court; joint applications are quicker.
- Full and frank financial disclosure is required — non-disclosure can reopen a settlement.
- Consider mediation, which the court expects parties to have attempted.
- Overseas assets are commonly in issue and need proper valuation.
- Complete full financial disclosure early: the court will not proceed without it.
- Use mediation; costs orders can follow an unreasonable refusal.
Cost and coverage
Court fees are moderate; legal aid is available subject to means and merits.
Recent changes
Hong Kong courts have followed the English sharing principle closely, which makes long-marriage outcomes relatively predictable.
Where to go
- Family Court of Hong Kong.
- Legal Aid Department.
- Duty Lawyer Service free legal advice scheme.
Worth knowing
Given how many Hong Kong families hold assets across borders, the enforceability of orders abroad should be considered before settling — not after. Hong Kong courts follow English sharing principles closely, so long-marriage outcomes are often closer to equality than parties expect.
Frequently asked questions
How long does a divorce take in Hong Kong?
An uncontested divorce based on separation with consent commonly takes six to twelve months from filing to decree absolute. Contested financial or children proceedings take considerably longer. A joint application by both parties is the quickest route where there is agreement.
How are assets divided?
There is no fixed formula. The court applies the principles set out by the Court of Final Appeal, starting from equal sharing of matrimonial assets and adjusting for needs and compensation. Pre-nuptial agreements are given weight but are not automatically binding.
General sources
- GovHK — official government portal