YKY v. WSM

YKY v. WSM

The court refused the husband's application to make the decree nisi absolute because the wife established real financial prejudice: a real risk that the husband would die before ancillary relief concluded (given his age, health and past conduct) and thereby deprive her of a fair opportunity to secure her financial entitlement; that prejudice outweighed the husband's personal desire for formal dissolution before death.

Citation
[2018] HKFC 224
Parties
Petitioner/wife: Petitioner (Wife); Respondent/husband: Respondent (Husband)
Court
Family Court
Jurisdiction
Hong Kong
Judgment Date
7 December 2018
Case Number
FCMC9167/2017
Procedural Posture
Divorce (decree Absolute Application) / Interlocutory Application Under Section 17(2)(a) Matrimonial Causes Ordinance (decree Nisi Pronounced; Application to Make Absolute)
Outcome
Application for decree absolute dismissed (respondent's summons dismissed)
Legal Topics
Decree Absolute, Maintenance Pending Suit, Ancillary Relief, Prejudice Balancing, Beneficial Ownership Disputes
Source Language
EN
Family Law Matrimonial Property Probate and Succession Decree Absolute Maintenance Pending Suit Ancillary Relief Prejudice Balancing Beneficial Ownership Disputes

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Parties

Petitioner (Wife)

Petitioner/wife

Respondent (Husband)

Respondent/husband

Procedural Posture

Divorce (decree Absolute Application) / Interlocutory Application Under Section 17(2)(a) Matrimonial Causes Ordinance (decree Nisi Pronounced; Application to Make Absolute)

Legal Issues

  1. 1 Whether there is a real risk of financial prejudice to the wife if the decree nisi is made absolute
  2. 2 Whether the wife would be deprived of the right to apply for maintenance pending suit (MPS)
  3. 3 Whether ancillary relief and the TL v ML property proceedings would be stifled by making the decree absolute

Ratio Decidendi

The court refused the husband's application to make the decree nisi absolute because the wife established real financial prejudice: a real risk that the husband would die before ancillary relief concluded (given his age, health and past conduct) and thereby deprive her of a fair opportunity to secure her financial entitlement; that prejudice outweighed the husband's personal desire for formal dissolution before death.

Court Disposition

Application for decree absolute dismissed (respondent's summons dismissed)

Orders

  • Costs follow the event; costs order nisi that the Respondent do pay forthwith the Petitioner’s costs of the application with certificate for one counsel to be summarily assessed if not agreed
  • Unless an application within 14 days to vary, the nisi costs order shall become absolute