About SMO, JS and divorce

My question is simple. For grounds for divorce like 1 year separation, 2 years separation and desertion, the couple does not really need to physically live apart from each other. As long as they live apart in a marital sense (ignoring each other, don't eat with each other, etc.), it is enough. They can still live in the same house.

But I want to know, for the non-cohabitation order of the SMO, judicial separation and divorce, once the relevant orders are made, normally the couple needs to live apart from each other. But can they do the martial sense living apart and still live under the same roof?


But from where you know "marital sense separation" (ignoring each other, don't eat with each other) is also allowed in SMO-non cohabitation, judicial separation and divorce?

1 個解答

  • Gary
    Lv 7
    6 年前

    The answer is yes.

    The order can be discharged if the couple engaged adultery or cohabit voluntary.

    As soon as the couple can demonstrate that it is not practically possible, the court will still allow such arrangement.

    2015-02-23 08:14:01 補充:

    Under s 7 (3) - "...voluntarily resumes cohabitation..."

    The court has discretions to determine what is voluntary.

    By the way:

    1. A separation order under SMO Ordinance = judicial (legal) separation.

    2. Divorce is an official termination of a marriage, so it is not bound by any separation order.