Hong Kong's Court of Final Appeal has decided to uphold the divorce case of ML v YJ, which tests whether the Hong Kong legal system would recognise divorce decrees obtained in Mainland China.

The couple got married in Shenzhen where they started a family in 1992, and in 2003 the wife moved to Hong Kong with their children. In 2006, the wife filed for a divorce in Hong Kong, while the husband filed in Shenzhen. The proceedings ran concurrently in both jurisdictions, with both parties having legal representation in both proceedings.

In 2007, the marriage was declared dissolved in the Shenzhen Court, then the husband applied to the HK court for a stay of the HK proceedings citing the Shenzhen decision. He was unsuccessful. In 2009, the ruling was overturned. The case was heard by the Court of Final Appeal in Hong Kong in November 2010, with the five judges eventually ruling in favour of the husband.

"Given the increasingly international nature of Hong Kong, we anticipate there will be a growing number of 'forum shopping' cases in the region, and this is an area legal practitioners must be on top of," Rita Ku, associate at Facey & Co, said in a statement.

Ku, in association with international law firm Withers, represented the husband in this case.

"Following the ruling by the Court of Appeal in 2009, the Amendment Bill was created to empower the Hong Kong Court to order financial relief to a former spouse if their marriage was dissolved in judicial proceedings outside Hong Kong," added Ku.

"This bill is expected to be passed sometime next year and we look forward to that occurring so that Hong Kong remains a competitive, well-respected, and up-to-date divorce venue."