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

55. Recognition in Hong Kong of overseas divorces and legal separations
(1) Sections 56 to 58 shall have effect, subject to section 61, as respects the recognition in Hong Kong of the validity of overseas divorces and legal separations. 
(2) For the purposes of subsection (1) overseas divorces and legal separations (外地離婚及合法分居) means divorces and legal separations which—
(a) have been obtained by means of judicial or other proceedings in any place outside Hong Kong; and 
(b) are effective under the law of that place. (Amended 20 of 2010 s. 6)
[cf. 1971 c. 53 s. 2 U.K.]

56. Grounds for recognition
(1) The validity of an overseas divorce or legal separation shall be recognized if, at the date of the institution of the proceedings in the place in which it was obtained— (Amended 20 of 2010 s. 6)
(a) either spouse was habitually resident in that place; or 
(b) either spouse was a national of that place. 
(2) In relation to a place the law of which uses the concept of domicile as a ground of jurisdiction in matters of divorce or legal separation, subsection (1)(a) shall have effect as if the reference to habitual residence included a reference to domicile within the meaning of that law. 
(3) (Repealed 20 of 2010 s. 7)(Amended 20 of 2010 s. 6)[cf. 1971 c. 53 s. 3 U.K.]

57. Cross-proceedings and divorces following legal separations
(1) Where there have been cross-proceedings, the validity of an overseas divorce or legal separation obtained either in the original proceedings or in the cross-proceedings shall be recognized if the requirements of paragraph (a) or (b) of section 56(1) are satisfied in relation to the date of the institution either of the original proceedings or of the cross-proceedings. 
(2) Where a legal separation the validity of which is entitled to recognition by virtue of the provisions of section 56 or of subsection (1) of this section is converted, in the place in which it was obtained, into a divorce, the validity of the divorce shall be recognized whether or not it would itself be entitled to recognition by virtue of those provisions. (Amended 20 of 2010 s. 6)
[cf. 1971 c. 53 s. 4 U.K.]

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

58. Proof of facts relevant to recognition
(1) For the purpose of deciding whether an overseas divorce or legal separation is entitled to recognition by virtue of this Part, any finding of fact made (whether expressly or by implication) in the proceedings by means of which the divorce or legal separation was obtained and on the basis of which jurisdiction was assumed in those proceedings shall—
(a) if both spouses took part in the proceedings, be conclusive evidence of the fact found; and 
(b) in any other case, be sufficient proof of that fact unless the contrary is shown. 
(2) In this section, finding of fact (就事實所作的裁斷) includes a finding that either spouse was habitually resident or domiciled in, or a national of, the place in which the divorce or legal separation was obtained; and for the purposes of subsection (1)(a), a spouse who has appeared in judicial proceedings shall be treated as having taken part in them. (Amended 20 of 2010 s. 6)
[cf. 1971 c. 53 s. 5 U.K.]

59. Certain existing rules of recognition to continue in force
This Part is without prejudice to the recognition of the validity of divorces and legal separations obtained outside Hong Kong—
(a) by virtue of any rule of law relating to divorces or legal separations obtained in the place of either spouse’s domicile or obtained elsewhere and recognized as valid in that place; (Amended 4 of 2008 s. 16; 20 of 2010 s. 6)
(b) by virtue of any enactment other than this Ordinance, (Amended 25 of 1998 s. 2)
but, save as aforesaid, no such divorce or legal separation shall be recognized as valid in Hong Kong except as provided in this Part.
[cf. 1971 c. 53 s. 6 U.K.]

60. Non-recognition of divorce by third place no bar to remarriage
(Amended 20 of 2010 s. 8)Where the validity of a divorce obtained in any place is entitled to recognition by virtue of this Part or of any rule or enactment preserved by section 59, neither spouse shall be precluded from remarrying in Hong Kong on the ground that the validity of the divorce would not be recognized in any other place. 
(Amended 20 of 2010 s. 6)[cf. 1971 c. 53 s. 7 U.K.]

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

61. Exceptions from recognition
(1) The validity of a divorce or legal separation obtained outside Hong Kong shall not be recognized in Hong Kong if it was granted or obtained at a time when, according to the law of Hong Kong (including its rules of private international law and the provisions of this Part), there was no subsisting marriage between the parties. 
(2) Subject to subsection (1), recognition by virtue of this Part or of any rule preserved by section 59 of the validity of a divorce or legal separation obtained outside Hong Kong may be refused if, and only if—
(a) it was obtained by one spouse—
(i) without such steps having been taken for giving notice of the proceedings to the other spouse as, having regard to the nature of the proceedings and all the circumstances, should reasonably have been taken; or 
(ii) without the other spouse having been given (for any reason other than lack of notice) such opportunity to take part in the proceedings as, having regard to the matters aforesaid, he should reasonably have been given; or 
(b) its recognition would manifestly be contrary to public policy. 
(3) Nothing in this Part shall be construed as requiring the recognition of any findings of fault made in any proceedings for divorce or separation or of any maintenance, custody or other ancillary order made in any such proceedings. 
[cf. 1971 c. 53 s. 8 U.K.]

61A. Non-application to divorces in Mainland
(1) Sections 55, 56, 57 and 58 do not apply in relation to divorces obtained by means of judicial or other proceedings in the Mainland on or after the commencement date* of the Mainland Judgments in Matrimonial and Family Cases (Reciprocal Recognition and Enforcement) Ordinance (Cap. 639).
(2) Section 61 does not apply in relation to a divorce the validity of which is recognized because of the Mainland Judgments in Matrimonial and Family Cases (Reciprocal Recognition and Enforcement) Ordinance (Cap. 639).
(3) In this section—
Mainland (內地) means the part of China other than Hong Kong, Macao and Taiwan.
(Added 11 of 2021 s. 42 and E.R. 3 of 2021) Editorial Note:
* Commencement date: 15 February 2022.