Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Spousal maintenance

  • 11 Nov 2024

    于 對 戴

    Citation
    [2024] HKFC 200
    Court
    Family Court
    Case number
    FCMC550/2021

    Court determined total net family assets at HK$5,953,809.23, rejected applicant's claim that HK$861,700 from her parents was a repayable debt (holding it to be gift/soft loan) and therefore excluded it from liabilities, applied the sharing principle but departed from equal split because applicant had higher future needs, greater contribution in childcare and respondent had greater earning capacity and pre-marital mainland asset; awarded applicant 55% (~HK$3,274,595) and ordered specific sale of the marital home with net payment of HK$3,150,000 to be paid to applicant via Legal Aid and other a…

  • 18 Oct 2024

    CTW nee CW v. SGW

    Citation
    [2024] HKFC 195
    Court
    Family Court
    Case number
    FCMC4115/2015

    Respondent's application to reduce/cease maintenance was dismissed because he failed to prove inability to pay and had concealed or delayed disclosure of substantial assets; Petitioner established a material change and prejudice from Respondent's conduct and was awarded limited additional maintenance and enforcement relief; costs awarded reflecting party conduct.

  • 14 Oct 2024

    潘 對 陳

    Citation
    [2024] HKFC 190
    Court
    Family Court
    Case number
    FCMC3648/2023

    Applying Cap.192 s.7 factors and LKW v DD guidance, the court found both parties have sufficient means to support themselves (no spousal maintenance awarded), assessed the child's reasonable needs at approximately HK$9,500 per month, evaluated each parent's income and obligations (including respondent's caregiving constraints and applicant's government allowances), rejected allegations of undisclosed valuable assets for lack of evidence, and ordered respondent to pay child maintenance HK$800 per month and to transfer HK$10,900 in red-envelope funds to applicant for the child's benefit.

  • 30 Sept 2024

    梁 對 文

    Citation
    [2024] HKFC 148
    Court
    Family Court
    Case number
    FCMC3751/2022

    Court found both parties have sufficient income to meet their needs; HK$360,000 withdrawals were held to be post-separation savings of the applicant and not matrimonial property for automatic sharing; although applicant had not been fully candid and adverse inferences were drawn, discretionary consideration of needs meant the HK$360,000 would not be used to satisfy either party's claims; respondent was found to have concealed some monthly savings estimated at HK$156,000 to be included in family asset calculation; MPF balances were discounted by 30%; on the overall assessment both maintenance…

  • 4 Jan 2024

    肖（前稱/又名）肖又名蕭 對 黃（前稱/又名）黃

    Citation
    [2024] HKFC 32
    Court
    Family Court
    Case number
    FCMC12774/2021

    Given a 14-year marriage, absence of marital assets, the wife’s dependence on social assistance, the husband’s limited earning capacity and the impossibility of a clean break, the court must order nominal spousal maintenance of HK$1 per year to preserve the wife's ability to seek variation if circumstances change.

  • 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…

  • 20 Nov 2023

    賴 對 陳

    Citation
    [2023] HKFC 229
    Court
    Family Court
    Case number
    FCMC9312/2014

    Husband was found not credible and failed to make full and frank financial disclosure; wife elected not to seek division of assets; on the facts and considering statutory s.7(1) factors the court denied husband’s ancillary relief claims, awarded symbolic spousal maintenance of HK$1 per year to wife, ordered wife to pay child maintenance HK$2,500 per month, and awarded costs to wife of HK$6,100.

  • 18 Sept 2023

    馮 對 黎

    Citation
    [2023] HKFC 177
    Court
    Family Court
    Case number
    FCMC9000/2020

    因被告多次未遵從披露命令且缺席審訊，法院對其行為作不利揣測，保守估算被告可動用家庭資產約港幣6,000,000元；扣除女方經濟需要港幣2,273,416元後，餘額平均分配，故女方獲一筆過附屬濟助港幣4,165,707.61元；並命被告支付候訊期間贍養費欠款港幣260,000元及訟費暫准命令。

  • 7 Sept 2023

    DB v. DMA

    Citation
    [2023] HKFC 178
    Court
    Family Court
    Case number
    FCMC1006/2021

    The Husband's grounds raised disputes of fact without demonstrating an arguable case with reasonable prospects of success under s63A; clerical errors were corrected under the slip rule and did not affect substance; the Judge's findings on the Wife's needs, the children's needs, and the Husband's non-disclosure were supported by evidence; accordingly leave to appeal was refused, stay dismissed and costs awarded to the Wife.

  • 21 Jul 2023

    DB v. DMA

    Citation
    [2023] HKFC 137
    Court
    Family Court
    Case number
    FCMC1006/2021

    There were no shareable assets so the case was decided on a needs basis. The Husband materially failed to disclose financial information and the court drew adverse inferences, finding the Husband's true accessible income was higher than his declared salary and assessed at not less than HK$45,000/month. On that basis the Husband was ordered to pay spousal maintenance to the Wife of HK$5,400/month until death or remarriage and child maintenance of HK$22,400/month total (HK$5,600 per child) with specified durations for each child; the Husband must pay children's school and related expenses direc…