Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Ancillary relief (financial provision)

  • 24 Jan 2025

    何 對 何及另一人

    Citation
    [2025] HKFC 17
    Court
    Family Court
    Case number
    FCMC23/2018

    On the evidence the court accepted the wife's contemporaneous communications, the agent's evidence and the second respondent's admissions that the deceased never funded the purchase; the deceased (and his estate) was not the beneficial owner and the husband was the sole beneficial owner of Yinghai. Yinghai nonetheless constituted the matrimonial home and formed part of the matrimonial asset pool. Applying Cap.192 s7 and the LKW v DD five-step approach the court adopted the sharing principle but departed from equal division because of the short duration of the marriage and the pre‑marital orig…

  • 2 Nov 2020

    V,DS v. C, RF also known as C, RF

    Citation
    [2020] HKFC 222
    Court
    Family Court
    Case number
    FCMC14131/2019

    Given the parties' French nationality, habitual residence of the family and children in France, location of substantial assets in France, and the practical and evidential advantages of France, Hong Kong is no longer the natural or most appropriate forum for ancillary relief. The District Court therefore exercised its inherent jurisdiction to stay/bifurcate ancillary relief so that those matters may be determined in France, while allowing the Hong Kong decree nisi to remain and leaving applications concerning the decree absolute and any uplift of the stay to further application.