Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Asset characterisation

  • 29 May 2023

    吳 對 王

    Citation
    [2023] HKFC 93
    Court
    Family Court
    Case number
    FCMC14470/2017

    Court found separation date was July 2009; Cheung Sha Wan property was acquired after separation with respondent's post-separation funds and is non‑matrimonial (or justifies departure from equal sharing); applicant failed to make full, credible disclosure so adverse inferences applied; applicant's future need assessed at HK$3,240,000 minus disclosed assets (HK$98,723.11) but allowing an adverse inference reduced recovery to a fair lump sum of HK$2,513,000; ordered applicant to vacate Cheung Sha Wan property within 4 months and respondent to pay HK$2,513,000 in staged payments with respondent…

  • 1 Feb 2017

    楊 對 陳

    Citation
    楊 對 陳
    Court
    Family Court
    Case number
    FCMC9747/2012

    Applying section 7 and the five‑step LKW approach the court held the cohabitation from about 2003 formed part of the marriage duration, treated the Hong Kong flat, Shenzhen property and Dongguan property as family assets, included MPF and life insurance in the asset pool, fixed total matrimonial assets at HKD 5,712,000, reserved HKD 720,000 for the child’s future needs, applied equal sharing to the remaining HKD 5,000,000 and ordered the husband to pay the wife a lump sum of HKD 1,454,000 (with retention of the matrimonial home by the husband and sale of the Shenzhen property if necessary to…