Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Pre-nuptial agreements

  • 22 Mar 2024

    LM v. FW

    Citation
    [2024] HKFC 41
    Court
    Family Court
    Case number
    FCMC7076/2022

    The court treated the prenuptial agreement as prima facie valid but only as one factor; it must assess reasonable needs, payer's ability and recipient's resources and be cautious where validity of the agreement is disputed. Applying that approach the court found the Petitioner had immediate need and the Respondent ability to pay, awarded interim maintenance to the Petitioner (HK$406,000/month) and for the Child (HK$232,000/month), but refused an award for litigation funding given available assets and third-party support and that Currey criteria were not met.

  • 18 Jul 2013

    SA formerly known as SA v. SPH

    Citation
    SA formerly known as SA v. SPH
    Court
    Court of Appeal
    Case number
    CACV99/2012

    The Court refused leave because Hong Kong is the clearly and distinctly more appropriate forum for trial; a parties' election of foreign governing law does not automatically determine forum; the agreements are challengeable and their applicability can be tried in Hong Kong; the 'or otherwise' ground was not made out; there is no basis to grant a stay.