Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Enforceability of separation agreements
  • 25 May 2007

    L v. C

    Citation
    L v. C
    Court
    Court of Appeal
    Case number
    CACV169/2006

    Court of Appeal held the trial judge erred in principle by re-opening and adjusting the parties' concluded asset allocation agreements primarily by reference to monetary disparity; where parties freely, with legal advice, intended a clean break the court should respect the isolation of those assets unless good and substantial cause is shown. The judge's compensatory adjustments based on his valuation exercise were set aside; remaining (non-agreement) assets should be equally divided subject to an adverse adjustment for proven non-disclosure. The finding of bigamy was upheld but did not disent…