H v. H

H v. H

The court found no real or material prejudice to the wife from making the decree absolute because statutory protection under IO s16 preserves her ability to seek financial provision after the husband's death, there was no evidence the husband would conceal or dissipate assets imminently, and the wife had...

Source-derived case information.

Citation
H v. H
Parties
Petitioner (wife): Petitioner; Respondent (husband): Respondent
Court
Family Court
Jurisdiction
Hong Kong
Judgment Date
1 March 2010
Case Number
FCMC1802/1999
Procedural Posture
Divorce (decree Nisi; Ancillary Relief) / Application to Make Decree Nisi Absolute (ancillary Relief Pending)
Outcome
Decree nisi dated 23 June 1999 made absolute; costs ordered against the petitioner
Legal Topics
Decree Absolute, Ancillary Relief, Prejudice, Delay, Discretion to Delay Decree Absolute, Asset Dissipation, Wills and Intestacy
Source Language
en
Family Law Matrimonial Law Probate and Succession Law Civil Procedure Decree Absolute Ancillary Relief Prejudice Delay +3 more

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Parties

Petitioner

Petitioner (wife)

Respondent

Respondent (husband)

Procedural Posture

Divorce (decree Nisi; Ancillary Relief) / Application to Make Decree Nisi Absolute (ancillary Relief Pending)

Legal Issues

  1. 1 Whether the court should exercise its discretion under section 17 MCO to make the decree nisi absolute
  2. 2 Whether the wife would suffer material prejudice if the decree nisi were made absolute before ancillary relief determined
  3. 3 Whether statutory protections (IO s16) negate alleged prejudice under inheritance and wills law

Ratio Decidendi

The court found no real or material prejudice to the wife from making the decree absolute because statutory protection under IO s16 preserves her ability to seek financial provision after the husband's death, there was no evidence the husband would conceal or dissipate assets imminently, and the wife had inexplicably failed to prosecute ancillary relief since 2003; accordingly the husband's interest in finality outweighed any asserted prejudice and the decree nisi was made absolute.

Court Disposition

Decree nisi dated 23 June 1999 made absolute; costs ordered against the petitioner

Orders

  • The decree nisi pronounced on 23 June 1999 is made absolute.
  • Order nisi that the Wife pay the Husband's costs of this summons, including all costs reserved; such order to be made absolute if no application to vary is made within 14 days.