Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Pension adjustment

  • 30 Sept 2024

    梁 對 文

    Citation
    [2024] HKFC 148
    Court
    Family Court
    Case number
    FCMC3751/2022

    Court found both parties have sufficient income to meet their needs; HK$360,000 withdrawals were held to be post-separation savings of the applicant and not matrimonial property for automatic sharing; although applicant had not been fully candid and adverse inferences were drawn, discretionary consideration of needs meant the HK$360,000 would not be used to satisfy either party's claims; respondent was found to have concealed some monthly savings estimated at HK$156,000 to be included in family asset calculation; MPF balances were discounted by 30%; on the overall assessment both maintenance…

  • 10 Nov 2015

    HTL v. K,RE

    Citation
    HTL v. K,RE
    Court
    Family Court
    Case number
    FCMC1678/2013

    Because the parties' total resources and the wife's acute needs for housing and child maintenance made a needs-based approach appropriate, the court awarded the wife retention of the former matrimonial home as full and final settlement of her ancillary claims and ordered a deferred pension payment to the husband of 40% of the marital portion of the wifes pension (HK$~550,000 payable on wife's retirement). The court discharged the maintenance pending suit order and dismissed related enforcement and miscellaneous summonses, drawing an adverse inference from the husbands failure to make full d…

  • 15 Jul 2009

    K v. D

    Citation
    K v. D
    Court
    Family Court
    Case number
    FCMC8732/2007

    The court assessed assets at values as at trial (with modest adjustments), found the Husband had largely accounted for post-separation transactions but allowed an add-back for legal costs likely met from joint funds (estimated in excess of HK$1,000,000), excluded the Wife's unquantified personal injury claim from the divisible asset pool but treated it as relevant to her income/needs, and, applying the s.7 fairness enquiry and the sharing principle, ordered an equal division of the net assets with implementation directions (each to retain their home and other assets in possession and sale of…