Adultery and Divorce in Hong Kong

In Hong Kong, adultery is one of the legally recognized grounds for divorce under the Matrimonial Causes Ordinance (Cap. 179). When one spouse commits adultery, the other spouse may petition for divorce on the basis that the marriage has broken down irretrievably.

However, adultery cases are often emotionally complex and legally sensitive. It is important to understand how the Family Court treats such cases — particularly in relation to evidence, property division, and custody arrangements.

1. What counts as adultery under Hong Kong law?

Adultery refers to voluntary sexual intercourse between a married person and someone other than their spouse. Only the innocent spouse — not the adulterer — can rely on adultery as a ground for divorce.

To rely on this ground, the petitioner must prove that adultery has occurred and that they find it intolerable to continue living with the other party. Direct evidence (such as confessions or photos) is rare; most cases rely on circumstantial evidence showing an opportunity and inclination for adultery.

2. How does adultery affect divorce proceedings?

In Hong Kong, the Family Court does not “punish” adultery through unequal division of assets. Adultery itself does not entitle the innocent spouse to a larger share of matrimonial property. Property division follows the principle of fairness and equitable distribution, taking into account both parties’ financial and non-financial contributions to the marriage.

The Court’s focus remains on achieving a fair outcome — particularly ensuring that the needs of any children and both spouses are adequately met after divorce.

3. Can adultery affect child custody?

The Court determines child custody and access based on the best interests of the child, not on the moral conduct of either parent. Adultery does not automatically disqualify a parent from obtaining custody or access rights, unless the affair has a clear, negative impact on the child’s well-being or stability.

4. How is property divided in adultery-related divorces?

Property division in Hong Kong follows the equitable distribution principle established in White v White and other local cases. The Family Court considers factors such as:

• Each spouse’s financial and non-financial contributions
• The needs and welfare of any children
• Each party’s earning capacity and future financial requirements
• The standard of living during the marriage

Adultery alone does not affect property rights. Even if one party has committed adultery, the division of assets must remain fair and lawful.

5. What are your legal options after discovering adultery?

• Seek legal advice immediately: Consult an experienced divorce lawyer in Hong Kong to understand your rights and potential outcomes.
• Consider mediation: If reconciliation is possible, mediation provides a safe, confidential setting for discussion.
• File a divorce petition: If the marriage cannot continue, your lawyer will help you prepare and file for divorce based on adultery or other available grounds.

Our firm also assists clients in drafting divorce agreements and consent orders to ensure that all financial and custody matters are resolved properly.

6. Why legal guidance is essential

Divorce involving adultery can be emotionally and legally challenging. At Yip Tse Tang Solicitors & Notaries, our family lawyers handle over 200 new divorce cases monthly, offering experienced, compassionate, and confidential guidance throughout the process.

We ensure that your rights regarding custody, maintenance, and property division are fully protected, and help you move forward with clarity and confidence.

📞 WhatsApp / Call: +852 6536 6666 (Michelle Liu, Family & Divorce Lawyer) for professional legal advice on adultery and divorce in Hong Kong.