The judiciary introduced as a pilot scheme Practice Direction SL 9 back in 2015, for the financial aspect of divorce proceedings to be decided by a jointly appointed adjudicator. The new form of alternative dispute resolution available to divorcing couples is similar to arbitration; in that the parties agree to have the financial aspect of their proceedings decided or adjudicated by a jointly appointed family specialist practitioner, meaning that the adjudicator will hear evidence and present a written decision. The parties’ agreement is encompassed in a written agreement which is approved by the Family Court. As part of the agreement, the parties agree to be bound by the decision of the adjudicator, and that the adjudicator’s decision will be presented to the Family court to be converted into a sealed Court Order. The family adjuration process takes place outside formal court proceedings. Any party who does not agree with the adjudicator’s decision, can appeal against the decision but will have to present very good reasons as to why the party should not be bound,
Since 2015, a number of family lawyers in Hong Kong have undergone training and accreditation provided by the Institute of Private Family Adjudication (HK) with trainers from the UK, where the private family arbitration scheme has been operating since February 2012. Most recently in September 2023, the first batch of accredited family adjudicators have been assessed and accredited, and are available to adjudicate upon a range of financial disputes.
For more information on how private family adjudication works, see our PFA article.
Check out the IPFA(HK) website for the latest list of available accredited private family adjudicators.
