### Matrimonial Causes Ordinance 《婚姻訴訟條例》

9. Power to grant relief limited to certain marriages
Nothing in this Ordinance shall authorize the court to pronounce a decree of divorce, nullity, judicial separation or presumption of death and dissolution of marriage or to make any other order unless the marriage to or in respect of which the decree or order relates was a customary marriage celebrated in accordance with section 7 of the Marriage Reform Ordinance (Cap. 178) and registered in accordance with Part IV of that Ordinance or was a monogamous marriage. 
(Replaced 63 of 1979 s. 4)

10. Practice and procedure
The jurisdiction vested in the court by this Ordinance shall so far as regards procedure, practice and powers of the court be exercised in the manner provided by this Ordinance; and where no special provision is contained in this Ordinance with reference thereto, any such jurisdiction shall be exercised in accordance with the practice, procedure and powers for the time being in force in the High Court of Justice in England with reference to matrimonial proceedings.

10A. Commencement and transfer of proceedings
(1)  Subject to subsection (2), a matrimonial cause and any other proceedings under this Ordinance shall be commenced in the District Court: 

Provided that rules may make provision—
(a) for the transfer to the High Court of any cause or proceedings upon the application of any party or at the instance of the District Court; and
(b) for the transfer or retransfer from the High Court of any cause or proceedings to the District Court. (Amended 25 of 1998 s. 2)

(2)  An application under section 39 shall be made to the court that made the order to which the application relates:
Provided that rules of court may make provision for the transfer of applications from one court to the other. 
(3) The District Court may exercise jurisdiction under this Ordinance although the amount claimed in the proceedings would, but for this subsection, be beyond the jurisdiction of that court.
(Replaced 79 of 1981 s. 5)

11. Ground for divorce, etc.
The sole ground for presenting or making a petition or application for divorce shall be that the marriage has broken down irretrievably and proceedings for divorce shall be instituted either—
(a) by a petition for divorce; or 
(b) by an application for divorce. 
(Replaced 29 of 1995 s. 7)

### Matrimonial Causes Ordinance 《婚姻訴訟條例》

11A. Proof of ground for petition
(1) A petition for divorce may be presented to the court by either party to a marriage. 
(2) The court hearing a petition for divorce shall not hold the marriage to have broken down irretrievably unless the petitioner satisfies the court of one or more of the following facts—
(a) that the respondent has committed adultery and the petitioner finds it intolerable to live with the respondent; 
(b) that the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent; 
(c) that the parties to the marriage have lived apart for a continuous period of at least 1 year immediately preceding the presentation of the petition and the respondent consents to a decree’s being granted; 
(d) that the parties to the marriage have lived apart for a continuous period of at least 2 years immediately preceding the presentation of the petition; 
(e) that the respondent has deserted the petitioner for a continuous period of at least 1 year immediately preceding the presentation of the petition. 
(Replaced 29 of 1995 s. 7)

11B. Proof of ground for application, etc.
(1) An application for divorce shall be made to the court jointly by both parties to the marriage. 
(2) The court hearing an application for divorce shall not hold the marriage to have broken down irretrievably unless it is satisfied as regards either or both of the following facts—
(a) that the parties to the marriage have lived apart for a continuous period of at least 1 year immediately preceding the making of the application; and 
(b) that not less than 1 year prior to the making of the application a notice under subsection (3), signed by each of such parties was given to the court and that the notice was not subsequently withdrawn. 
(3) (a) The parties to a marriage may at any time give to the court a written notice signed by each of them of their intention to apply to the court to dissolve their marriage. 
(b) A notice under this subsection shall be in such form as is for the time being specified in rules made under section 54. 
(Added 29 of 1995 s. 7)

11C. Interpretation (Part III)
(1) For the purposes of this Part, a husband and wife shall be treated as living apart unless they are living with each other in the same household. 
(2) (Repealed 4 of 2008 s. 15)(Added 29 of 1995 s. 7)

### Matrimonial Causes Ordinance 《婚姻訴訟條例》

12. Restriction on petitions within one year of marriage
(1) Subject to subsection (2), no petition for divorce shall be presented to the court before the expiration of the period of 1 year from the date of the marriage (hereafter in this section referred to as the specified period). (Amended 29 of 1995 s. 8) 
(2) A judge of the court may, on an application made to him, allow the presentation of a petition for divorce within the specified period on the ground that the case is one of exceptional hardship suffered by the petitioner or of exceptional depravity on the part of the respondent; but in determining the application the judge shall have regard to the interests of any child of the family within the meaning of section 2 of the Matrimonial Proceedings and Property Ordinance (Cap. 192) and to the question whether there is reasonable probability of a reconciliation between the parties during the specified period. (Amended 39 of 1972 s. 33) [cf. 1970 c. 45 s. 35 U.K.] 
(3) Nothing in this section shall be deemed to prohibit the presentation of a petition based upon matters which occurred before the expiration of the specified period. 
[cf. 1965 c. 72 s. 2 U.K.]