In a marriage, sex is a very important factor in determining whether two people can feel intimate and happy in their relationship. Assuming that sex is not compatible in a marriage, it is a major risk for the marriage in the long run. If two people are sexually incompatible after marriage, can sexual incompatibility be used as a reason for divorce in Hong Kong?
In the process of divorce, if the two parties have reached an agreement on divorce due to sexual disagreement, it is not necessary to go through the court. However, if they cannot agree on a divorce due to sexual disharmony, the divorce should be handled by the court. Although “sexual disharmony” is not a legal ground for divorce, if the marriage did not have a normal sex life, the facts must be stated on the divorce petition.
As “sexual disharmony” is not one of the specified grounds for divorce, it is necessary for the parties concerned to prove to the satisfaction of the court that these facts are unreasonable and that they make it necessary for the parties concerned to divorce and to be unable to continue to live with their spouse.
1. Prolonged absence of sex may also be grounds for divorce on grounds of sexual incompatibility.
- If the other spouse has sexual dysfunction and has been diagnosed by a doctor with objective justification, it may be a reason for divorce. There have been cases in which the other party has erectile dysfunction which cannot be treated or cured by medical diagnosis, making it impossible to have sexual intercourse with the other party and resulting in incompatible sexual life. However, there must be reasonable and objective justification. If the sexual function of the other party is only weak but not completely impaired, the reason of sexual incompatibility cannot be used as a reason for divorce.
2. Forced sex also has a chance to sue for divorce on the grounds of sexual incompatibility.
If the other spouse has been forcing the person to have sex for a long period of time, and if the person does not want to have sex, and if the other spouse insists on having sex even though there is a lot of bleeding and pain, there is a chance that the cohabitation abuse is potentially unbearable.
If the situation is really serious, the coerced party may be able to sue for divorce. In another case, the person concerned was repeatedly forced by the other half to have intercourse and did not pay attention to the repeated refusals of the person concerned, and did not have sex with the consent and respect of both of them, which caused physical and mental harm to the person concerned, and eventually, the person concerned could also sue for divorce on the ground of sexual incompatibility.
There is no clear definition of sexual incompatibility in the law, if a person’s subjective dislike of sexual incompatibility, it may not constitute a legal reason for divorce, but can only rely on their own efforts to reconcile. Only if there are really serious and objective circumstances, the parties concerned can have the opportunity to apply for divorce.