Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Separation agreement (weight and enforceability)
  • 31 Jul 2009

    KWC v. LYY

    Citation
    KWC v. LYY
    Court
    Family Court
    Case number
    FCMC14968/2006

    The court identified the matrimonial (family) assets, discounted deductions (children's maintenance), found the 2000 Agreement informal, ambiguous and drafted without legal advice or full financial disclosure so it did not automatically bar petitioner's claim, but gave the Agreement and conduct (including petitioner’s delay and respondent’s post‑separation contributions) some weight. After valuing assets and deducting children's maintenance, the net pool was HK$2,058,790; a slight departure from equality was justified and petitioner was awarded 45% of the net pool, fixed as a lump sum of HK$4…