Mediation Centre

Family mediation service can help both parties reach an agreement on issues such as child care (custody and visitation), maintenance, property arrangements, etc. after divorce. The advantages of receiving this service include:

• Greatly reduce the time and mental pressure on both parties caused by litigation

• Save litigation fees

• Assist both parties in choosing the most appropriate solution having regard to the interests of the children and both parties, and

• Increase the motivation of each other to fulfil the agreement

• Reduce the pain of children and both parties

• Promote continued cooperation in the parenting of children.

Family mediation services can be commenced at any stage before or during divorce proceedings and there is no need to stop the relevant legal proceedings.

Separation can mean that one of the spouses moves out, or still lives in the same house, but both parties must sleep in separate rooms, have no intimacy, not eating together, no social life together, and resembling two separate households.

The court will direct the Social Welfare Department to prepare a social investigation report on the family background, past children care situations, the current situation of each family member, and the views of the parents/children/other interested parties on the custody and access arrangements, etc.. Meanwhile, the court may also encourage the parties to accept family mediation services to facilitate reaching a consensus on children arrangements.

The judge will make orders on children custody and access arrangements based on the investigation report and other relevant evidence. Ideally, the parties should first discuss the interests of the children through family mediation and determine the proper custody of the children, care arrangements, and arrangements for the time for them to spend time with the children, so as to alleviate the negative impact of the dispute on the children.

Spousal maintenance and property distribution do not include child maintenance. The court will separately award child maintenance until the child reaches the age of 18 or completes full-time education, whichever is the later, or until special circumstances arise justifying the court to make orders on ancillary relief.

1. Divorce

2. Separation

3. Not divorced but the other party fails to provide financial support

If there is actual need, during the divorce application, you may apply to the court for maintenance while the proceeding is pending determination, that is, maintenance pending suit in case of divorce. At the same time, you may engage family mediation services at the above different stages to try to negotiate and reach a consensus on maintenance.