Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Notional divorce cross‑check

  • 16 Aug 2024

    WLK by MYW her next friend v. CCIW AND OTHERS

    Citation
    [2024] HKFC 157
    Court
    Family Court
    Case number
    FCMP176/2019

    On the balance of probabilities the court found insufficient evidence that the marriage had permanently broken down (no 'fossil marriage'), no reliable evidence of a HK$1,000,000 clean‑break payment or agreement, and credible evidence (notably R3) that the deceased intended the children to use estate proceeds to look after the wife; having regard to wife's age, dementia, lack of resources, estate size and statutory factors, the court exercised its discretion under Cap.481 to award the wife a lump sum equal to 50% of the net estate (less interim payments), with interim maintenance to continue…

  • 10 Jan 2023

    LWH v. YMY AND OTHERS

    Citation
    [2023] HKFC 8
    Court
    Family Court
    Case number
    FCMP188/2017

    The Will made no provision for the wife; having applied the statutory factors and used the notional divorce enquiry as a cross‑check, the court found the marriage had effectively ended in November 2012 (duration for sharing purposes 11 years), the House had pre‑marital origins but was intermixed and maintained so that some sharing was fair, and on the facts a 45/55 division in a hypothetical divorce (wife 45%) was appropriate; after accounting for wife’s pension and deductions and rounding the net estate to HK$14,000,000 the court awarded the wife a lump sum of HK$5,645,500, gave unit GB abso…