HMY v. CWCK

HMY v. CWCK

The wife demonstrated a real risk of financial prejudice if the decree absolute were made now (loss of interim remedies, risk on death, inability to pursue proprietary or maintenance pending suit claims) and the husband offered no undertakings to protect her; applying the test in JAH v VH the court refused to make the decree absolute and dismissed the husband's summons.

Citation
[2019] HKFC 306
Parties
Petitioner (wife): HMY; Respondent (husband): CWCK
Court
Family Court
Jurisdiction
Hong Kong
Judgment Date
26 November 2019
Case Number
FCMC6583/2018
Procedural Posture
Divorce (matrimonial Causes) / Application for Decree Absolute (post Nisi) — Ruling
Outcome
Husband's summons dated 27 March 2019 dismissed; decree absolute not made at this time.
Legal Topics
Decree Absolute, Ancillary Relief, Maintenance Pending Suit, Financial Prejudice, Undertakings, Inheritance (provision for Family and Dependents) Ordinance
Source Language
EN
Family Law Matrimonial Law Inheritance Law Civil Procedure Decree Absolute Ancillary Relief Maintenance Pending Suit Financial Prejudice +2 more

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Parties

HMY

Petitioner (wife)

CWCK

Respondent (husband)

Procedural Posture

Divorce (matrimonial Causes) / Application for Decree Absolute (post Nisi) — Ruling

Legal Issues

  1. 1 Whether there is a real risk of financial prejudice to the wife if the decree absolute is granted at this stage

Ratio Decidendi

The wife demonstrated a real risk of financial prejudice if the decree absolute were made now (loss of interim remedies, risk on death, inability to pursue proprietary or maintenance pending suit claims) and the husband offered no undertakings to protect her; applying the test in JAH v VH the court refused to make the decree absolute and dismissed the husband's summons.

Court Disposition

Husband's summons dated 27 March 2019 dismissed; decree absolute not made at this time.

Orders

  • Husband to pay the wife's costs of and occasioned by his summons dated 27 March 2019, to be taxed on a party and party basis if not agreed
  • Order nisi to be made absolute in 28 days that the husband shall pay the wife's costs as above