Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Post-separation accruals

  • 17 Jul 2017

    LYK v. AKSP

    Citation
    LYK v. AKSP
    Court
    Family Court
    Case number
    FCMC4193/2010

    Wife failed to make full and frank disclosure of her financial interests in companies; adverse inferences were drawn that she remained the beneficial owner/recipient of income from relevant businesses (including probable interest in TG Creation and GK Electronic), the parties' asset positions were materially similar so equalisation claim was rejected, a clean break was appropriate, and limited child maintenance and a reimbursement for shortfall were ordered against the Husband.

  • 8 May 2017

    AB v. MA

    Citation
    AB v. MA
    Court
    Family Court
    Case number
    FCMC6310/2015

    Judge found parties separated in or about March 2014 (not January 2013), identified matrimonial assets by broad brush at approximately HK$106,000,000 excluding unvested A3 awards, held fairness required including A3 earnings/benefits earned up to trial in the matrimonial pool and ordered equal division: Wife awarded HK$53,000,000 (her half) with transfer of Husband's DXX holdings and release from W Trust beneficiary status; unvested A3 awards to be shared on a Wells basis at reducing percentages (2014:50%, 2015:25%, 2016:12.5%) as and when they vest; children maintenance and school fees order…

  • 15 Feb 2017

    WKF v. CCH

    Citation
    WKF v. CCH
    Court
    Family Court
    Case number
    FCMC359/2014

    The court held that the sharing principle applies and there were no good reasons to depart from equal division because the disputed properties were acquired with funds traceable to the family business and any post-separation growth was passive; most alleged loans lacked credible contemporaneous documentary proof or witness evidence (only HK$420,000 to WTN proven), so the matrimonial pool includes the four disputed properties and assets are to be divided equally, with specific lump‑sum and transfer/sale orders and costs against the Respondent.