10 Nov 2011
SA formerly known as SA v. SPH
- Citation
- SA formerly known as SA v. SPH
- Court
- Court of First Instance
- Case number
- HCMC1/2011
Germany is clearly and distinctly the more appropriate forum to determine the validity of the Pre-nuptial and Separation Agreements and related issues. Although the wife would face a potential juridical disadvantage if Germany enforces the agreements, the disadvantage is mitigated because Hong Kong's Part IIA permits her, after conclusion of the German proceedings, to apply for additional financial relief if she can demonstrate substantial unfairness; accordingly the stay is granted in favour of Germany without prejudice to her Part IIA rights, which yields the least unjust overall result.