Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Capital division

  • 6 Nov 2014

    JHCI v. MSYI (formerly known as MSY)

    Citation
    JHCI v. MSYI (formerly known as MSY)
    Court
    Family Court
    Case number
    FCMC12528/2011

    Court applied the sharing principle but departed from exact equality because of the wife's accumulated debts and needs and the husband’s greater earning capacity and post‑separation accruals. Unvested shares were recognised as foreseeable financial resources but not included in the immediate divisible asset pool. The court awarded the wife an enhanced share to meet part of her debts/needs, structured capital payments in tranches from the husband’s liquid fund, ordered periodical maintenance for wife and children, and transferred Phuket property to husband. The adjustments (including refusal t…

  • 10 Mar 2006

    W v. W

    Citation
    W v. W
    Court
    Family Court
    Case number
    FCMC13244/1997

    Applying s.7 MPPO criteria the court found the wife had minimal earning capacity and the husband had sufficient resources; the wife's and children's reasonable needs were assessed at HK$65,000 per month; the husband was ordered to transfer his interest in the matrimonial home, pay a lump sum of HK$3,000,000, pay HK$340,000 (HK$90,000 arrears and HK$250,000 for repairs), and to pay periodical maintenance of HK$65,000 per month (HK$25,000 to wife until remarriage or death and HK$20,000 to each child until 18 or cessation of full-time education), and the husband's summons to vary interim mainten…

  • 5 Nov 2003

    W v. W

    Citation
    W v. W
    Court
    Family Court
    Case number
    FCMC2348/2002

    Assets were insufficient for a clean break; on balance the Wife has greater vulnerability and needs but the Husband's present unemployment and limited immediate liquidity justify nominal maintenance now with substantive maintenance to be reviewed if and when he obtains employment or business income. As practical provision the court ordered transfer of the Husband's interest in specific UK property to the Wife and required ongoing disclosure from the Husband (management accounts every six months and prompt notification of employment); costs to be borne by each party.