Common Law Wife

Posted by GemmaL (234 days ago)

Is there such thing as a common law wife, in Hong Kong? after how many years do you become "common law"? Must you have a ceremony of some sort or is living together for x amount of years suffice?

(I am based in Hong Kong)

Posted by Claire (234 days ago)

There is no such thing in HK as a common law wife or a civil partnership.

(I am based in Unspecified)

Posted by gdbill (232 days ago)

Actually, courts have held that there can be a common law relationship, but it is on a case-by-case basis and you need substantial documentation. Even then, they may find against you. But it is not impossible.

(I am based in Guangzhou)

Posted by cara (219 days ago)

and they won't recognise it for immigration purposes. you will need your own separate visa.

(I am based in Hong Kong)

Posted by cats (214 days ago)

Hello Cara,

Do you know common law status would be considered for a couple if they wanted to adopt? I am inquring because I have lived with my boyfriend for 12 years and I was told we would have to be married for 3 years before the government would consider our application for adoption.

Any advice would be much appreciated.

Thanks,

Cats

(I am based in Hong Kong)

Posted by cara (214 days ago)

as far as i know it is not accepted. however, you may be able to adopt singly and then have your partner's name added later

(I am based in Hong Kong)

Posted by Mattash (213 days ago)

Cats,

If you have been with your boyfriend for 12 years, why wouldn't you consider getting married?

(I am based in Hong Kong)

Posted by jennysmythe (213 days ago)

I am not sure what difference a piece of paper would make to a couple that have been together for 12 years. I would of thought there would be no difference in being married and living together for 12 years.

(I am based in Hong Kong)

Posted by Mattash (213 days ago)

Hi Jennysmythe,

Under normal circumstances I agree with you, what difference does a bit of paper make to a couple.

However we are talking about a couple whom are looking to adopt a child, this is a legal responsibility, so lets look at from that perspective.

The couple have chosen to live together without getting married, no problem, marriage don’t always work out anyway.

But that is the problem, without the couple showing a total life long commitment to each other in the eyes of the law, how can you seriously consider them as legal life long guardians for a child.

Not to mention religious issues.

(I am based in Hong Kong)

Posted by cats (212 days ago)

Hello All,

I apologize I did not make myself very clear. I am now married to my boyfriend of 12 years and have been for 9 months. My query, rephrased is "would the government of HK consider the 10 years or part of the time we spent cohabitating as time spent in common law marriage?"

We were unaware that we would have problems getting pregnant. We waited and were responsible about the situation so we could bring a child up in an environment with caring, loving parents with means to support a child. I apologize profusely if my decision to make the right choices in life offends the government, church or any individual. I just want to have a child and a happy family.

(I am based in Hong Kong)

Posted by cara (212 days ago)

best thing to do would be to contact the social welfare dept directly.

good luck!

(I am based in Hong Kong)

Posted by Oski (212 days ago)

In an ideal world, what jennysmythe wrote would be true, a piece of paper should be no big deal. However, in our imperfect world, that piece of paper serves 2 important functions. 1) as legal proof of family unit, in the case of getting visas or claims on surviving estates for example. 2) protects the weaker party if something goes wrong.

The concept of "common law marriage" is very out of date. In vast majority of jurisdictions in the world it either not recognized, or extremely hard to enforce.

(I am based in Hong Kong)