‘We Are Married, but We Cannot Afford to Live Together’: Exploring the Legal Implications of This Marital Phenomenon in Hong Kong

Abstract

This article explores an increasingly common marital phenomenon in Hong Kong where married couples cannot afford to live together given the high property prices and they choose to live with their own parents respectively. It is submitted that the existing legal regime cannot adequately accommodate this conjugal arrangement, which would lead to some uncertainties and inconsistencies.

In particular, the thrust of the legal concern is whether there is a 'mutual household'. The existing legal regime, which is premised on expecting a marriage will have a household, fails to accommodate the nature and needs of these couples. On the one hand, holding that there is a mutual household is inconsistent with the nature of this type of marriage and existing case laws. On the other hand, holding that there is not a common household would in effect allow an immediate divorce, as it means they are separated right from the beginning. This is inconsistent with the overall divorce regime which is designed not to allow immediate divorce.