Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Irretrievable breakdown

  • 30 Oct 2023

    W v. H

    Citation
    [2023] HKFC 224
    Court
    Family Court
    Case number
    FCMC6843/2022

    The judge accepted the petitioner's evidence and disbelieved the respondent's inconsistent accounts; evidence established living apart (exclusive residence of petitioner and son in Kwun Tong cubicle, absence of sexual relations since 2017, minimal communications limited to child matters), the respondent failed to plead or prove grave financial hardship under s15B, and therefore the marriage had broken down irretrievably and decree nisi was granted with costs to the petitioner.

  • 17 Apr 2023

    庄 對 梁

    Citation
    [2023] HKFC 65
    Court
    Family Court
    Case number
    FCMC9983/2020

    Court accepted the husband's evidence as credible and found on the balance of probabilities that the parties ceased cohabitation and matrimonial affection from 27 December 2018, satisfying s11A(2)(d) Cap.179 for two years' separation; therefore the marriage was irretrievably broken and a decree nisi was granted with costs orders as specified.

  • 26 Nov 2019

    梁 對 黃

    Citation
    [2019] HKFC 305
    Court
    Family Court
    Case number
    FCMC16186/2016

    The husband failed to prove that he and his wife had lived apart for at least two consecutive years immediately before the petition; the court accepted the wife's evidence that the marital routine and relationship continued until October 2016, therefore the statutory ground under s11A(2)(d) was not established and the petition must be dismissed.

  • 22 Sept 2015

    NTN v. HSS

    Citation
    NTN v. HSS
    Court
    Family Court
    Case number
    FCMC8817/2014

    The court accepted the petitioner's credible evidence of repeated unreasonable behaviour (including assault, threats, refusal to provide financial support and the kindergarten incident) and, applying the Livingstone‑Stallard test and s11A(2)(b), found the behaviour proved and sufficient to show the marriage had irretrievably broken down; decree nisi granted.

  • 29 Apr 2015

    AFTA v. JMA ALSO KNOWN AS JCM

    Citation
    AFTA v. JMA ALSO KNOWN AS JCM
    Court
    Family Court
    Case number
    FCMC1087/2014

    Court found petitioner had formed an intention to separate in about July 2009, sexual relations ceased then, petitioner later moved to his own room and slept away from the matrimonial bed, and although he continued to use the matrimonial address and visited to see his daughters this did not demonstrate the marriage subsisted; on that basis the parties had lived apart for at least two continuous years and the marriage had irretrievably broken down, warranting a decree nisi.

  • 22 Aug 2014

    KJA v. KYSH formerly known as YSH

    Citation
    KJA v. KYSH formerly known as YSH
    Court
    Family Court
    Case number
    FCMC4456/2013

    The court found that the respondent's conduct—notably abusive and jealous WhatsApp messages and conduct during the petitioner's cancer treatment—was objectively and subjectively unreasonable given the petitioner's health, and that proved particulars were sufficient to establish irretrievable breakdown; accordingly a decree nisi was granted on the ground of unreasonable behaviour.

  • 19 Apr 2013

    TK v. MJBL

    Citation
    TK v. MJBL
    Court
    Family Court
    Case number
    FCMC1551/2012

    The petitioner failed to prove continuous separation for two years before presentation of the petition: material inconsistencies in the wife's evidence as to timing and living arrangements, specific date unexplained, conduct inconsistent with claimed separation (concern about husband's alleged girlfriend and renewal of dependent visa), and the husband's unshaken evidence that normal marital relations continued; therefore the court was not satisfied that the statutory two‑year separation had been established and dismissed the petition.

  • 2 Mar 2007

    WONG CHAN OI YING SARITA v. WONG YIU CHO

    Citation
    WONG CHAN OI YING SARITA v. WONG YIU CHO
    Court
    Family Court
    Case number
    FCMC11053/2005

    Applying the Livingstone‑Stallard objective test to the proven findings — repeated job instability, gambling and related dissipation of income, creation of overwhelming credit card debts charged to the wife's name, deceit about the business, refusal to propose viable remedies and repeated harassment — the court found on the balance of probabilities that the husband so behaved that the wife could not reasonably be expected to live with him; therefore a decree nisi is justified under s.11A(2)(b) Cap.179.

  • 15 Nov 2004

    CLE v. ECE

    Citation
    CLE v. ECE
    Court
    Family Court
    Case number
    FCMC6498/2003

    On the evidence and demeanour of the parties the court found that the respondent's unexplained frequent absences, admitted payments to a female friend, admitted provision of a draft separation/divorce letter and the deliberate reduction of financial support constituted behaviour such that the petitioner could not reasonably be expected to live with him, establishing irretrievable breakdown under s.11(A)(2); decree nisi was pronounced.

  • 16 Sept 1983

    EVELINA FUN LINDSAY v. DEREK VICTOR LINDSAY

    Citation
    EVELINA FUN LINDSAY v. DEREK VICTOR LINDSAY
    Court
    Family Court
    Case number
    FCMC1569/1982

    On the balance of probabilities the respondent's persistent lack of sexual interest, practice of coitus interruptus and unwillingness to have children deprived the petitioner of the opportunity to become a mother and caused such frustration that, judged in the context of these specific spouses, the petitioner cannot reasonably be expected to live with the respondent; therefore the marriage had irretrievably broken down and a decree nisi should be granted.