The legal framework for divorce in Hong Kong is governed by the Matrimonial Causes Ordinance, which establishes that the sole ground for divorce is the "irretrievable breakdown" of the marriage. To prove this breakdown, the petitioner must provide evidence of one of five specific facts: adultery, unreasonable behaviour, desertion for at least one continuous year, or separation. If both parties consent to the divorce, they must have lived apart for at least one year before filing. However, if one party does not consent, the required period of separation increases to two years. It is also important to note the "one-year rule," which generally prevents couples from filing for divorce unless they have been married for at least one year, except in cases of exceptional hardship.

Beyond proving the breakdown of the marriage, the court must also be satisfied with the arrangements made for any children of the family and the division of matrimonial assets. The process typically begins with a petition or a joint application filed at the Family Court. If the court is satisfied with the evidence and the proposed arrangements for the family’s future, it will issue a Decree Nisi, which is a provisional order. After a mandatory waiting period of six weeks, the petitioner can apply for a Decree Absolute, which legally terminates the marriage and allows both parties to remarry.