Hong Kong Case Law

王 對 熊

Court

Family Court

Case number

FCJA1847/2015

The former matrimonial home is the sole significant matrimonial asset and its value is sufficient to meet both parties' needs; this is therefore a sharing case. Absent compelling reasons to depart from equal division, a 50:50 split of net sale proceeds is fair. The husband's general assertion of residential need and reliance on joint tenancy does not justify refusal to sell. Accordingly an order for sale with directions and a clean break division of net proceeds 50:50 is made; husband must vacate to enable sale and costs are awarded to the wife.

Source excerpt

• Order for sale
• Division of matrimonial property
• Clean break
• Costs
• Occupational needs

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KK, H v. PK, H

Court

Family Court

Case number

FCMC8332/2017

The court made the decree nisi absolute, despite unresolved ancillary relief and maintenance issues, after finding the child’s welfare arrangements were the best practicable.

• Relocation
• Custody
• Access
• Decree absolute
• Section 18 mppo welfare declaration
• Ancillary relief

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H v. W

Court

Family Court

Case number

FCMC8332/2017

The District Court dismissed the father’s bid for sole care and control, allowed the mother to relocate the child to Singapore, and made a section 18 declaration.

• Care and control
• Child relocation (abroad)
• Parental alienation
• Child welfare and wishes
• Decree absolute (section 18)
• Access arrangements

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WHK v. LCH

Court

Family Court

Case number

FCMC10933/2022

Ancillary relief trial on asset division, add-backs and child maintenance. The court ordered sale of the main home, equal division, and HK$25,000 monthly child maintenance.

• Asset division
• Conduct and add-back
• Valuation of assets
• Disclosure/non-disclosure
• Maintenance
• Costs

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W v. H

Court

Family Court

Case number

FCMC6843/2022

The court granted a decree nisi in a defended divorce petition, finding the parties had lived apart since 24 July 2020 and rejecting alleged financial hardship.

• Separation
• Living apart
• Irretrievable breakdown
• Section 11a(2)(d) mco
• Section 15b mco
• Cohabitation under same roof

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潘 對 李

Court

Family Court

Case number

FCMC10204/2021

Applying the broad‑brush approach the court balanced the parties' incomes and reasonable child needs, concluded the respondent was in financial difficulty and not the beneficiary of indefinite third‑party support, but could pay a sum higher than HKD 5,500; fixing interim child maintenance at 20% of respondent's monthly salary (HKD 6,266) together with applicant's available funds provides a fair maintenance budget until final hearing.

Source excerpt

• Interim maintenance
• Child custody and care
• Financial disclosure
• Third‑party support

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馮 對 黎

Court

Family Court

Case number

FCMC9000/2020

因被告多次未遵從披露命令且缺席審訊，法院對其行為作不利揣測，保守估算被告可動用家庭資產約港幣6,000,000元；扣除女方經濟需要港幣2,273,416元後，餘額平均分配，故女方獲一筆過附屬濟助港幣4,165,707.61元；並命被告支付候訊期間贍養費欠款港幣260,000元及訟費暫准命令。

Source excerpt

• Asset disclosure
• Non-disclosure and adverse inference
• Spousal maintenance
• Sharing principle
• Needs assessment
• Costs

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吳 對 王

Court

Family Court

Case number

FCMC14470/2017

Court found separation date was July 2009; Cheung Sha Wan property was acquired after separation with respondent's post-separation funds and is non‑matrimonial (or justifies departure from equal sharing); applicant failed to make full, credible disclosure so adverse inferences applied; applicant's future need assessed at HK$3,240,000 minus disclosed assets (HK$98,723.11) but allowing an adverse inference reduced recovery to a fair lump sum of HK$2,513,000; ordered applicant to vacate Cheung Sha Wan property within 4 months and respondent to pay HK$2,513,000 in staged payments with respondent…

Source excerpt

• Separation date
• Asset characterisation
• Non-disclosure and adverse inference
• Needs assessment
• Departure from equal sharing
• Occupancy orders

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陳 對 陳

Court

Family Court

Case number

FCMC8940/2020

Both parents were capable and loving but, on balance, maintaining the status quo was in the child's best interests: father was granted care and control because the child had mostly lived with him at the principal residence, his accommodation was objectively superior and closer to the child's school, and experienced family and domestic support were available; social worker reports supported joint custody with father having day‑to‑day care and detailed contact for mother. Given prior volatile exchanges, supervised/neutral handover locations and social worker assistance were necessary to protect…

Source excerpt

• Care and control
• Contact/visitation
• Best interests of the child
• Social welfare reports
• Residence and schooling

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LSL v. WYF

Court

Family Court

Case number

FCMC3527/2019

The court ordered a clean break in ancillary relief, transferring the Shamshuipo Property to the wife and the Tai Po Property to the husband, plus a HK$4.72 million lump sum.

• Ancillary relief
• Spousal maintenance
• Clean break
• Asset division
• Pension/mpf
• Costs

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