23 Apr 2019
馬 對 高
- Citation
- [2019] HKFC 97
- Court
- Family Court
- Case number
- FCMC11528/2016
The applicant failed to prove on the required credible standard that the parties had been separated for at least two continuous years immediately before the petition; despite separate bedrooms and absence of sexual relations, the parties lived as a single household as evidenced by shared evening meals, joint laundering practices, financial interdependence (rent/utilities and cash contributions), the applicant's tolerance of the respondent's continued access to the home and social presentation as a family, therefore s11C(1) precluded treatment as living apart and the petition must be dismissed.