Hong Kong Case Law

于 對 戴

Court

Family Court

Case number

FCMC550/2021

Court determined total net family assets at HK$5,953,809.23, rejected applicant's claim that HK$861,700 from her parents was a repayable debt (holding it to be gift/soft loan) and therefore excluded it from liabilities, applied the sharing principle but departed from equal split because applicant had higher future needs, greater contribution in childcare and respondent had greater earning capacity and pre-marital mainland asset; awarded applicant 55% (~HK$3,274,595) and ordered specific sale of the marital home with net payment of HK$3,150,000 to be paid to applicant via Legal Aid and other a…

Source excerpt

• Ancillary relief
• Division of matrimonial assets
• Spousal maintenance
• Child maintenance
• Clean break principle
• Gifts vs loans

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CTW nee CW v. SGW

Court

Family Court

Case number

FCMC4115/2015

The Family Court dismissed the husband’s bid to reduce or end spousal maintenance, found he had means to pay, and granted the wife limited additional maintenance and arrears relief.

• Spousal maintenance
• Variation of consent order
• Enforcement of arrears
• Full and frank disclosure
• Forum non conveniens (stay)
• Spousal-maintenance

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潘 對 陳

Court

Family Court

Case number

FCMC3648/2023

Applying Cap.192 s.7 factors and LKW v DD guidance, the court found both parties have sufficient means to support themselves (no spousal maintenance awarded), assessed the child's reasonable needs at approximately HK$9,500 per month, evaluated each parent's income and obligations (including respondent's caregiving constraints and applicant's government allowances), rejected allegations of undisclosed valuable assets for lack of evidence, and ordered respondent to pay child maintenance HK$800 per month and to transfer HK$10,900 in red-envelope funds to applicant for the child's benefit.

Source excerpt

• Ancillary relief
• Maintenance for child
• Spousal maintenance
• Financial disclosure
• Parental responsibility
• Assessment of needs

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梁 對 文

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…

Source excerpt

• Ancillary relief
• Spousal maintenance
• Asset disclosure and concealment
• Post-separation assets
• Pension adjustment

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肖（前稱/又名）肖又名蕭 對 黃（前稱/又名）黃

Court

Family Court

Case number

FCMC12774/2021

Given a 14-year marriage, absence of marital assets, the wife’s dependence on social assistance, the husband’s limited earning capacity and the impossibility of a clean break, the court must order nominal spousal maintenance of HK$1 per year to preserve the wife's ability to seek variation if circumstances change.

Source excerpt

• Spousal maintenance
• Symbolic maintenance
• Child support
• Ancillary relief
• Costs assessment

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葉 對 葉

Court

Family Court

Case number

FCMC7247/2008

The court held the matrimonial partnership ran from about 2000 (start of cohabitation) to agreed separation on 26 September 2006; most of the husband's lump‑sum retirement received in 2020 was accumulated after separation and is non‑matrimonial except an identified matrimonial portion (HK$3,160,571 adjusted to HK$1,580,285.50 allocated to each party under sharing); the Hiu On Yuen property and part of the husband's cash and other family assets form the matrimonial pool; a renovation payment of HK$750,000 was added back to the pool; applying the sharing principle with appropriate allocations p…

Source excerpt

• Ancillary relief
• Division of assets
• Spousal maintenance
• Duration of marriage
• Separation
• Disclosure

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賴 對 陳

Court

Family Court

Case number

FCMC9312/2014

Husband was found not credible and failed to make full and frank financial disclosure; wife elected not to seek division of assets; on the facts and considering statutory s.7(1) factors the court denied husband’s ancillary relief claims, awarded symbolic spousal maintenance of HK$1 per year to wife, ordered wife to pay child maintenance HK$2,500 per month, and awarded costs to wife of HK$6,100.

Source excerpt

• Ancillary relief
• Spousal maintenance
• Child maintenance
• Disclosure obligation
• Credibility findings
• Costs

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馮 對 黎

Court

Family Court

Case number

FCMC9000/2020

因被告多次未遵從披露命令且缺席審訊，法院對其行為作不利揣測，保守估算被告可動用家庭資產約港幣6,000,000元；扣除女方經濟需要港幣2,273,416元後，餘額平均分配，故女方獲一筆過附屬濟助港幣4,165,707.61元；並命被告支付候訊期間贍養費欠款港幣260,000元及訟費暫准命令。

Source excerpt

• Asset disclosure
• Non-disclosure and adverse inference
• Spousal maintenance
• Sharing principle
• Needs assessment
• Costs

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DB v. DMA

Court

Family Court

Case number

FCMC1006/2021

The court refused the Husband’s application for leave to appeal, finding no reasonable prospect of success, dismissed the stay application, and awarded costs to the Wife.

• Ancillary relief
• Spousal maintenance
• Child maintenance
• Leave to appeal
• Disclosure
• Slip rule

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DB v. DMA

Court

Family Court

Case number

FCMC1006/2021

Ancillary relief judgment awarding spousal and child maintenance on a needs basis, with adverse inferences drawn from the Husband’s non-disclosure.

• Spousal maintenance
• Child maintenance
• Disclosure and adverse inference
• Ancillary relief
• Housing and care arrangements
• Spousal-maintenance

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