Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Equal sharing principle
  • 17 Jul 2024

    陳 對 岑

    Citation
    [2024] HKFC 139
    Court
    Family Court
    Case number
    FCMC7720/2021

    依據Cap.192及終審法院在LKW v DD確立的平等分享準則,法院認為沒有充足理由偏離平等分配家庭資產;兩項物業及其他資產均為婚姻期間取得的家庭資產,故判令女方無償轉讓將軍澳物業之權益予男方,女方向男方支付HKD 361,352.65,並出售羅便臣道物業後將淨收益平均分配;另就各物業在出售或轉讓前之費用分配作出臨時安排。

  • 1 Nov 2023

    BC v. MSH also known as H, MSO AND OTHERS

    Citation
    [2023] HKFC 222
    Court
    Family Court
    Case number
    FCMC13741/2019

    Court found wife’s HKD 1,080,100 ATM withdrawals were explained as family and living expenses and not wanton or concealed so not added back; wife’s AUD125,000 withdrawal lacked satisfactory explanation and was added back; husband’s disclosure on crypto investments was unsatisfactory but the court accepted the investments were bona fide market losses and not wanton or reckless, so no add-back of initial crypto sums; Australian MPF treated as unilateral and carved out but Australian bank funds and AUD125,000 were not proven to be non-matrimonial (AUD125,000 added back); total matrimonial pot as…

  • 30 Jun 2023

    梁 對 羅

    Citation
    [2023] HKFC 112
    Court
    Family Court
    Case number
    FCMC3754/2021

    Court found respondent had extracted and transferred funds after commencement of proceedings with implausible explanations; judge added back HKD794,012.54 (2021.4–2022.11 excess spending) plus disclosed savings HKD58,911.62 to reach family assets HKD852,924.16, applied equal sharing and awarded applicant a lump sum of HKD426,462 payable within one month of the absolute divorce (subject to Legal Aid first charge); awarded child maintenance HKD1,700 per month from 1 Sep 2023 until child is 18 or completes full-time education; declined ongoing spousal periodical maintenance and found respondent…

  • 15 Dec 2022

    張 對 陳

    Citation
    [2022] HKFC 273
    Court
    Family Court
    Case number
    FCMC10991/2020

    Court found parties had broadly comparable net economic resources, there was insufficient evidence that the husband had concealed or transferred the two disputed lump sums to justify roll-back or imputation, the wife's reported monthly expenditures were overstated except for insured medical premiums and reasonable medical protection; assessing needs broadly the court fixed the wife's reasonable monthly need at approximately HK$18,000 but ordered interim periodical payments of HK$15,000 per month from 1 January 2023 until the earlier of either party's death or the wife's remarriage (to become…

  • 15 Mar 2022

    雷 對 徐

    Citation
    [2022] HKFC 49
    Court
    Family Court
    Case number
    FCMC1420/2019

    The court applied the statutory factors and LKW v DD methodology, found no sufficient reason to depart from equal sharing of the matrimonial home, ordered sale of the home with net proceeds to be split 50:50, concluded that child reasonable needs (including current private school fees) justify maintenance set at HKD10,000 monthly payable by the father until the child is 18 or completes full‑time university, increased interim maintenance for a past period resulting in a HKD90,000 award, and directed specified reimbursements and a capitalised reserve to be lodged in court to secure future maint…

  • 8 Jun 2021

    程 對 陳

    Citation
    [2021] HKFC 114
    Court
    Family Court
    Case number
    FCMC13480/2016

    The court held there was insufficient evidence that the respondent's remortgage and subsequent expenditure amounted to the sort of wanton, deliberate dissipation that justifies add-back; therefore remortgage proceeds were not re-attributed. The court accepted the agreed current market value and bank evidence of mortgage balance, fixed matrimonial assets at HK$1,800,000, applied equal sharing to give the applicant HK$900,000, reduced that by HK$375,000 for concealed savings, and ordered the respondent to pay the applicant HK$525,000 within one month.

  • 13 Mar 2020

    莫 對 麥

    Citation
    [2020] HKFC 58
    Court
    Family Court
    Case number
    FCMC9979/2017

    The only matrimonial asset was the former matrimonial home; unproven claimed debts of the husband were disregarded; applying the starting point of equal sharing and having regard to both parties' needs and contributions, the court ordered sale of the property and repayment to the wife of HK$192,000 from sale proceeds (to reimburse her advance), with remaining net proceeds to be divided 50/50; proceeds subject to a first charge in favour of the Director of Legal Aid; practical enforcement orders (vacant possession, timelines, auction fallback and authorization to sign for recalcitrant husband)…

  • 10 Dec 2019

    李 對 吳

    Citation
    [2019] HKFC 318
    Court
    Family Court
    Case number
    FCMC7232/2017

    Only the two properties (Imperial Court valued at HK$5,340,000 and Huali Garden at HK$4,700,000) constituted family assets; other alleged assets (gold and old banknotes) were not proven. Certain parental payments to husband were accepted as loans to the extent supported by bank records (HK$37,000 and HK$1,248,000 and a parental payment of HK$273,184.69), and wife’s loan from her sister (HK$400,000) and Huali mortgage (HK$1,330,000) were family debts. Net family asset pool was calculated as HK$6,751,815.31. Applying the presumption of equal sharing but departing to give the wife 45% on the fac…

  • 22 Mar 2017

    湯 對 徐

    Citation
    湯 對 徐
    Court
    Family Court
    Case number
    FCMC15201/2013

    The court quantified total matrimonial assets at HK$3,379,980.34, held the Jing Cai Street property to be matrimonial (value HK$2,540,000), found husband concealed savings (treated as husband’s assets of HK$300,000 and HK$130,000), applied the equal sharing principle and ordered an immediate division of non‑property assets with deferred sale of the matrimonial home (transfer of 50% title to wife pending sale by 30 Nov 2025), ordered husband to pay wife lump sums totalling HK$439,426.56 (HK$313,048.56 and HK$126,378) within one month of the absolute divorce, continuing monthly child maintenanc…

  • 1 Feb 2017

    楊 對 陳

    Citation
    楊 對 陳
    Court
    Family Court
    Case number
    FCMC9747/2012

    Applying section 7 and the five‑step LKW approach the court held the cohabitation from about 2003 formed part of the marriage duration, treated the Hong Kong flat, Shenzhen property and Dongguan property as family assets, included MPF and life insurance in the asset pool, fixed total matrimonial assets at HKD 5,712,000, reserved HKD 720,000 for the child’s future needs, applied equal sharing to the remaining HKD 5,000,000 and ordered the husband to pay the wife a lump sum of HKD 1,454,000 (with retention of the matrimonial home by the husband and sale of the Shenzhen property if necessary to…