Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Pension valuation

  • 24 Mar 2022

    LOTM v. CSM

    Citation
    [2022] HKFC 64
    Court
    Family Court
    Case number
    FCMC15805/2018

    Court excluded husband’s 1/3 Sunway Garden interest as a unilateral inherited asset not mingled with family finances and ring-fenced it; wife’s government pension was treated as an income stream sufficient for her reasonable needs (therefore the notional 50% commuted lump sum was not added to the pot); the $688,263 transfers were found to belong to the wife’s elder brother and not dissipated; the husband’s China account withdrawals were not added back after investigation of cash flows; matrimonial home must be sold and net proceeds shared 51% to wife, 49% to husband; other ancillary claims di…

  • 18 Apr 2019

    LCSA v. AP

    Citation
    [2019] HKFC 105
    Court
    Family Court
    Case number
    FCMC2295/2014

    The court found the matrimonial asset pot to be HK$53,222,384.99 (net), applied the sharing principle because surplus remained after needs were met, declined to depart from equal sharing on conduct grounds, included the Wife's commutable pension component of HK$3,605,724.18, included disclosed investments into MAL as shown in the Husband's December 2017 table (but did not add accrued unpaid MAL fees/reimbursements), ordered an equal division of net assets on a clean break basis with property-specific transfers and a secured HK$5,000,000 Children’s Fund (HK$2.5m each) to meet children’s needs,…

  • 14 Mar 2005

    S v. S

    Citation
    S v. S
    Court
    Family Court
    Case number
    FCMC6574/2003

    Applying s.7(1) and s.7(2), the court adjusted husband's claimed expenses, allowed specified reasonable expenses, included 10% of husband’s pension values for capital calculation, treated undisclosed funds as part of assets, fixed child maintenance at HK$7,500/month (backdated to 1 Oct 2004) with a HK$30,000 lump sum for arrears, awarded the wife 60% of total family assets, and awarded nominal spousal maintenance of HK$1 per annum.