Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Separation

  • 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…

  • 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.

  • 13 Apr 2023

    周 對 陳

    Citation
    [2023] HKFC 61
    Court
    Family Court
    Case number
    FCMC8671/2020

    Although the parties lived at separate addresses, the applicant failed to prove a continuous two-year separation before the petition because there was ongoing monthly financial support, regular meetings and family interactions, and no evidence of mutual recognition that the marriage had ended; therefore s11A(2)(d) was not made out and the petition must be dismissed.

  • 19 Oct 2022

    WKL v. GF

    Citation
    [2022] HKFC 220
    Court
    Family Court
    Case number
    FCMC12808/2017

    The court accepted the Husband's pleaded case and sworn evidence that the parties had lived separate lives from June 2014, rejected the Wife's unpleaded and late evidence as inadmissible, found jurisdiction already determined in favour of Hong Kong and that sections 15(3) and 15B did not operate to defeat the petition; accordingly decree nisi was granted for two years separation.

  • 3 Dec 2021

    鄺 對 邱

    Citation
    [2021] HKFC 249
    Court
    Family Court
    Case number
    FCMC12139/2019

    Applying MCO s11A and s11C and authorities, the court preferred the applicant's evidence over the respondent's, found that the parties ceased their marital relationship and had been living apart since October 2010, thus satisfying the statutory two‑year separation ground; provisional divorce order was granted and costs awarded to the applicant.

  • 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.

  • 20 May 2019

    CWY v. CY (formerly known as CY)

    Citation
    [2019] HKFC 131
    Court
    Family Court
    Case number
    FCMC106/2018

    Both parties displayed questionable litigation conduct and had opportunities to resolve the suit earlier; given shared responsibility for prolonging defended proceedings and the respondent's legal aid status, the judge exercised discretion to make no order as to costs while preserving taxation of the respondent's own costs under Legal Aid regulations.

  • 21 Mar 2019

    郭 對 張

    Citation
    [2019] HKFC 69
    Court
    Family Court
    Case number
    FCMC6465/2017

    The court accepted the husband's contemporaneous separation agreement and supporting evidence and concluded the parties had been living apart for more than two years and had recognized the marriage as at an end; service was valid and the pending Mainland property proceedings did not bar the Hong Kong divorce; accordingly a decree nisi was justified under Cap.179 s11A(2)(d).

  • 17 Aug 2018

    羅 對 刁

    Citation
    [2018] HKFC 135
    Court
    Family Court
    Case number
    FCMC4046/2016

    The court preferred the applicant's evidence and found that the applicant unilaterally left the marital home in August 2008, ceased sexual relations, established separate residences, had sparse contact and financial independence, and thereby terminated the marital relationship; consequently the applicant proved continuous separation for at least two years before filing and the marriage was irretrievably broken.