Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Two years separation

  • 1 Nov 2021

    WOL v. CKC

    Citation
    [2021] HKFC 221
    Court
    Family Court
    Case number
    FCMC9488/2018

    On the exercise of the court's discretion, no order as to costs of the main suit is appropriate because neither party achieved a clear success on the unreasonable behaviour pleadings, the wife sensibly pursued two years separation by withdrawing and refiling which avoided further contested litigation, the husband did not obtain dismissal and should not be penalised for withholding consent, and the wife's late claim for costs from 8 July 2020 was unpleaded and unexplained. The court therefore ordered no order as to costs of the main suit and made an order nisi that costs of the determination o…

  • 3 Mar 2020

    GY v. YJ

    Citation
    [2020] HKFC 71
    Court
    Family Court
    Case number
    FCMC7727/2018

    Decree nisi granted because the two‑year separation was established and there were no circumstances or conduct making it wrong to dissolve the marriage under s15B; the respondent's insistence on determining ancillary relief first was legally unsupported by s25(1)(a) and did not justify refusing the decree; respondent's financial position did not demonstrate the requisite hardship.

  • 29 Apr 2015

    AFTA v. JMA ALSO KNOWN AS JCM

    Citation
    AFTA v. JMA ALSO KNOWN AS JCM
    Court
    Family Court
    Case number
    FCMC1087/2014

    Court found petitioner had formed an intention to separate in about July 2009, sexual relations ceased then, petitioner later moved to his own room and slept away from the matrimonial bed, and although he continued to use the matrimonial address and visited to see his daughters this did not demonstrate the marriage subsisted; on that basis the parties had lived apart for at least two continuous years and the marriage had irretrievably broken down, warranting a decree nisi.