Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Duration of marriage

  • 15 Dec 2023

    葉 對 葉

    Citation
    [2023] HKFC 252
    Court
    Family Court
    Case number
    FCMC7247/2008

    The court held the matrimonial partnership ran from about 2000 (start of cohabitation) to agreed separation on 26 September 2006; most of the husband's lump‑sum retirement received in 2020 was accumulated after separation and is non‑matrimonial except an identified matrimonial portion (HK$3,160,571 adjusted to HK$1,580,285.50 allocated to each party under sharing); the Hiu On Yuen property and part of the husband's cash and other family assets form the matrimonial pool; a renovation payment of HK$750,000 was added back to the pool; applying the sharing principle with appropriate allocations p…

  • 3 Dec 2013

    TL v. YSW also known as WSY

    Citation
    TL v. YSW also known as WSY
    Court
    Family Court
    Case number
    FCMC13455/2011

    Court accepted husbands evidence on length of marriage (9 years 9 months) and that the wifes principal assets were sourced from transfers/gifts by the husband (at least HK$5m cash/shares and his Tai Fook share portfolios), rejected the wifes evidence of large USD gifts from her family, found the matrimonial pot to be approx. HK$49,881,614.40 and applied equal sharing as no good reason to depart; equal share would be HK$24,900,000 each but accepted husbands open proposal to take HK$16,970,000, and ordered the wife to pay that lump sum with costs to husband.

  • 13 Nov 2012

    Z v. X

    Citation
    Z v. X
    Court
    Court of Appeal
    Case number
    CACV251/2011

    On the facts and evidence the Court upheld the trial finding that the Husband is the beneficial owner of 83.1% of NAIGL; accepted that the correct valuation of the Husband’s interest in NUIGL is HK$105,000,000 (rejecting the trial discount to HK$65,000,000); concluded the assets identified are matrimonial and, applying the sharing principle with no sufficient justification for departure, ordered equal division of matrimonial assets; allowed credit of HK$12,400,000 for maintenance pending suit; dismissed the Intervener's appeal.

  • 13 Nov 2012

    Z v. X

    Citation
    Z v. X
    Court
    Court of Appeal
    Case number
    CACV252/2011

    On the facts the Court upheld Saunders J's finding that the Husband beneficially owned 83.1% of NAIGL, adjusted the valuation of the Husband's interest in NUIGL to HK$105,000,000 (rejecting the Judge's lower figure), held that the assets in issue are matrimonial and ordered equal division of matrimonial assets (50/50), and allowed credit of HK$12,400,000 for maintenance pending suit against the lump sum due to the Wife; the Intervener's appeal was dismissed and parties ordered to submit draft orders and costs submissions.

  • 28 Sept 2011

    EJB v. CJB

    Citation
    EJB v. CJB
    Court
    Court of Appeal
    Case number
    CACV16/2011

    Court upheld judge's needs-first approach: judge permissibly assessed generous capital and security needs for wife (mortgage discharge and three years' income support), ordered sale of matrimonial home with disproportionate share to wife to meet needs, found overall division of c.39% to wife and c.61% to husband fair in all circumstances, corrected a computation error by awarding wife $50,000, and adjusted costs to require husband to pay 50% of wife's ancillary relief costs.