Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Separate finance

  • 25 May 2020

    CWW v. WYF

    Citation
    [2020] HKFC 113
    Court
    Family Court
    Case number
    FCMC16805/2016

    There was no proven agreement of separate finance; the Husband failed to make full and frank disclosure (undisclosed insurance, regular undeclared deposits and incomplete company records) permitting an adverse inference; on the evidence total matrimonial assets were assessed at HK$15,173,865 and, in all the circumstances, a departure from equal sharing to a division of approximately 60% to the Wife and 40% to the Husband was fair, producing a net lump sum entitlement to the Husband of HK$4,000,000 payable by the Wife.

  • 23 Jun 2015

    MKK v. YSM

    Citation
    MKK v. YSM
    Court
    Family Court
    Case number
    FCMC11948/2010

    Assets were treated as matrimonial property notwithstanding respondent’s claim of separate finances; there was intermingling of funds and continued financial interactions post-separation, no nuptial/post-nuptial clean break agreement was proved, and the transfer of WF shares did not establish forfeiture of petitioner’s interest. Having regard to MPPO s7 factors, case law and the long marriage, assets valued at trial date, the fair division was 45% to petitioner and 55% to respondent, resulting in a lump sum award to petitioner of HK$20,996,000 payable by respondent in two equal instalments wi…

  • 16 Jun 2011

    ARAV v. VP, LJ

    Citation
    ARAV v. VP, LJ
    Court
    Court of Appeal
    Case number
    CACV246/2010

    The Court of Appeal dismissed the appeal: the trial judge did not err in law in declining to add back the HK$32.5M to the matrimonial pot because section 7 MPPO confers broad discretion to address misconduct either by add-back or by adjusting the division; on the facts the judge permissibly took the husband's conduct into account by departing from equal sharing (approximately 60:40) and her factual findings were not plainly wrong.