The Arrangement on Reciprocal Recognition and Enforcement of Civil Judgments in Matrimonial and Family Cases between the courts of mainland China and Hong Kong took effect on 15 February 2022. It covers a wide range of family orders, including divorce, custody and access, maintenance, and orders on matrimonial property. On the mainland side, applications are made to the Intermediate People's Court. Mainland divorce certificates issued by marriage registries can also be recognised in Hong Kong under the arrangement.
Why it matters
Cross-boundary marriages between Hong Kong and mainland residents are common, and so are divorces where one spouse lives in Shenzhen and the other in Hong Kong, or where assets sit on both sides. Before 2022, only the divorce itself was generally recognised between the two systems, and financial and custody orders were difficult to enforce. The arrangement makes it far more practical to choose one forum, obtain a comprehensive order and then enforce it on the other side, although each application still has to meet the formal requirements and can be refused on limited grounds.
How it works in practice
A Hong Kong husband and a Shenzhen wife divorced in the Hong Kong Family Court, which ordered him to pay monthly maintenance for their daughter and transfer his interest in a Shenzhen flat. When payments stopped, the wife applied to the Shenzhen Intermediate People's Court to recognise and enforce the Hong Kong order. After recognition, she could pursue enforcement against his mainland assets.
Common mistakes
- Treating a Hong Kong judgment like a foreign judgment under the general recognition procedure
- Assuming the arrangement makes enforcement automatic; an application is still required
- Starting proceedings in both places without choosing the better forum
- Forgetting to obtain certified copies and proof that the order is effective
- Overlooking that Hong Kong applies the Hague Child Abduction Convention while the mainland does not