TLS nee J v. RCS

TLS nee J v. RCS

The court was satisfied arrangements for the children’s welfare had been made and were satisfactory because substantial family assets (approximately HKD 29,680,000) were preserved by reciprocal cross-undertakings, the wife failed to demonstrate special or exceptional circumstances or real financial prejudice that would justify refusing the Section 18 declaration or delaying the decree absolute, and therefore the declaration under s18 MPPO was granted and the decree nisi should be made absolute forthwith.

Citation
TLS nee J v. RCS
Parties
Petitioner: TLS (nee J); Respondent: RCS
Court
Family Court
Jurisdiction
Hong Kong
Judgment Date
4 November 2013
Case Number
FCMC1637/2012
Procedural Posture
Matrimonial (divorce) / Section 18 Declaration Hearing and Application to Make Decree Nisi Absolute
Outcome
Section 18 declaration granted; Respondent given leave to apply for Decree Nisi pronounced 21 December 2012 to be made absolute; Decree Absolute to be expedited; costs awarded to Respondent
Legal Topics
Section 18 MPPO Declaration, Decree Absolute (making Decree Nisi Absolute), Ancillary Relief, Financial Disclosure, Cross Undertakings, Interim Access, Custody, Maintenance, Costs
Source Language
EN
Family Law Matrimonial Law Child Welfare Property Law Civil Procedure Section 18 MPPO Declaration Decree Absolute (making Decree Nisi Absolute) Ancillary Relief +6 more

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Parties

TLS (nee J)

Petitioner

RCS

Respondent

Procedural Posture

Matrimonial (divorce) / Section 18 Declaration Hearing and Application to Make Decree Nisi Absolute

Legal Issues

  1. 1 Whether a Section 18 declaration can be made despite unresolved children and financial matters
  2. 2 Whether the decree nisi should be made absolute forthwith
  3. 3 Whether the wife has established special or exceptional circumstances to oppose making the decree absolute

Ratio Decidendi

The court was satisfied arrangements for the children’s welfare had been made and were satisfactory because substantial family assets (approximately HKD 29,680,000) were preserved by reciprocal cross-undertakings, the wife failed to demonstrate special or exceptional circumstances or real financial prejudice that would justify refusing the Section 18 declaration or delaying the decree absolute, and therefore the declaration under s18 MPPO was granted and the decree nisi should be made absolute forthwith.

Court Disposition

Section 18 declaration granted; Respondent given leave to apply for Decree Nisi pronounced 21 December 2012 to be made absolute; Decree Absolute to be expedited; costs awarded to Respondent

Orders

  • There be a Section 18 declaration under the Matrimonial Proceedings and Property Ordinance, Cap.192
  • The Respondent (Husband) do have leave to apply for the Decree Nisi pronounced on 21 December 2012 to be made absolute under Section 17 of the Matrimonial Causes Ordinance, Cap.179