Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Separation date

  • 29 May 2023

    吳 對 王

    Citation
    [2023] HKFC 93
    Court
    Family Court
    Case number
    FCMC14470/2017

    Court found separation date was July 2009; Cheung Sha Wan property was acquired after separation with respondent's post-separation funds and is non‑matrimonial (or justifies departure from equal sharing); applicant failed to make full, credible disclosure so adverse inferences applied; applicant's future need assessed at HK$3,240,000 minus disclosed assets (HK$98,723.11) but allowing an adverse inference reduced recovery to a fair lump sum of HK$2,513,000; ordered applicant to vacate Cheung Sha Wan property within 4 months and respondent to pay HK$2,513,000 in staged payments with respondent…

  • 6 Aug 2020

    CSH v. LS or LS formerly known as CYY

    Citation
    [2020] HKFC 143
    Court
    Family Court
    Case number
    FCMC12435/2016

    Court found Wife estopped from changing separation date (separation pre-1984), rejected add-back and resulting trust claims for assets held by W2 and X because threshold for wanton dissipation or intention to defeat was not met and no TL v ML third-party proceedings were pursued; declined to treat third-party assets as Husband resources under KEWS; identified total assets at about HK$53m (Husband HK$41.8m, Wife HK$11.2m); applied sharing principle but found no good reason to depart in Wife's favour and awarded the Wife a lump sum of HK$5,000,000 on a clean-break basis and ordered the Wife to…

  • 17 Jul 2015

    陳 對 陳

    Citation
    陳 對 陳
    Court
    Family Court
    Case number
    FCMC15210/2012

    Court found separation date was 5 September 2003 (wife left home); treated 嘉寶園 and 新元朗中心 and the wife's 2003 inheritance as matrimonial assets but excluded the wife's Singapore provident fund (CAD21,319) as non-matrimonial; total matrimonial pool HK$17,322,000 less HK$700,000 reserved for son's education = HK$16,622,000; applied sharing as starting point but departed by 10% in favour of husband (60% husband, 40% wife) to reflect wife's marital misconduct and husband's greater contribution; ordered specified payments from funds held by the court (release of HK$1,661,950 to husband and HK$1,038…