Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Child education provision

  • 10 Nov 2015

    HTL v. K,RE

    Citation
    HTL v. K,RE
    Court
    Family Court
    Case number
    FCMC1678/2013

    Because the parties' total resources and the wife's acute needs for housing and child maintenance made a needs-based approach appropriate, the court awarded the wife retention of the former matrimonial home as full and final settlement of her ancillary claims and ordered a deferred pension payment to the husband of 40% of the marital portion of the wifes pension (HK$~550,000 payable on wife's retirement). The court discharged the maintenance pending suit order and dismissed related enforcement and miscellaneous summonses, drawing an adverse inference from the husbands failure to make full d…

  • 17 Jul 2015

    陳 對 陳

    Citation
    陳 對 陳
    Court
    Family Court
    Case number
    FCMC15210/2012

    Court found separation date was 5 September 2003 (wife left home); treated 嘉寶園 and 新元朗中心 and the wife's 2003 inheritance as matrimonial assets but excluded the wife's Singapore provident fund (CAD21,319) as non-matrimonial; total matrimonial pool HK$17,322,000 less HK$700,000 reserved for son's education = HK$16,622,000; applied sharing as starting point but departed by 10% in favour of husband (60% husband, 40% wife) to reflect wife's marital misconduct and husband's greater contribution; ordered specified payments from funds held by the court (release of HK$1,661,950 to husband and HK$1,038…

  • 1 Aug 2014

    CMSJ v. G,JJ

    Citation
    CMSJ v. G,JJ
    Court
    Family Court
    Case number
    FCMC904/2012

    Assets held by each party were predominantly pre-marital and the marriage was very short; therefore apply a needs-based approach rather than equal sharing. On the facts the respondent must pay the petitioner a lump sum of HK$420,000 in full and final settlement of ancillary claims, capitalized educational payments of HK$80,000 per annum for two years, and periodical child maintenance of HK$12,000 per month; each party retains assets in their sole name and the respondent's ancillary claims are dismissed. Costs ordered nisi for 50% of petitioner's costs capped at HK$400,000.