How to deal with debts between spouses in divorce proceedings? Introduction: Spousal Debts in Hong Kong Divorce Proceedings In Hong Kong divorce proceedings, a situation that often arises is that one of the spouses has incurred inter-spousal debts during the marriage for reasons such as managing assets on behalf of the other spouse or borrowing...Read More
Hong Kong Divorce Litigation for Property Settlement and Alimony: Adoption of the Losing Party’s Fee Principle for Solicitor’s Fees In Hong Kong divorce proceedings for division of property and maintenance, is the principle of the losing party paying the winning party’s legal costs applicable to the final legal costs in civil litigation cases in general?...Read More
Surrogacy, Application for Parent Order and Permanent Right of Abode in Hong Kong I. Surrogacy and the Laws of Hong Kong on Paternity Relationships Who is the legal mother of the child in a surrogacy relationship? Under section 9 of the Parent and Child Ordinance (Cap. 429), the woman who carries the child (i.e. the...Read More
Hong Kong Marriage (including prenuptial) Property Agreements: Q&A What is a matrimonial (or prenuptial) property agreement and what does it usually contain? A matrimonial (or prenuptial) property agreement is an agreement made between the parties to a marriage, either before or after the marriage, which sets out the system and arrangements for the vesting of...Read More
Division of Property in Hong Kong Divorces: Typical Cases of Property Distribution Yau & Cheung, [2023] HKFC 169 The main asset was a Hong Kong property in the name of the husband, which the husband inherited. The husband lived separately in Shenzhen and Hong Kong for 6 out of the 7 years of the marriage,...Read More
Divorce Property Settlement in Hong Kong: How to deal with Matrimonial Property Agreements in Divorce Proceedings? Pursuant to the decision of the Hong Kong Court of Final Appeal in SPH v SA [2014] HKEC 957 (FACV No. 22 of 2013), the Hong Kong courts have formally established that they follow the legal position of the...Read More
Division of Hong Kong Divorce Estates: Trustee Actions involving Third Party Interests in Matrimonial Assets Common Types of Trusts for Matrimonial Assets A common type of dispute in divorce proceedings in Hong Kong is where a party to a matrimonial action claim that the nominal holder of the matrimonial assets is not the same as...Read More
Marriage in Hong Kong, Wedding Celebrants Our firm assists and represents clients in matters relating to marriage in Hong Kong. Our lawyer, Mr. Yan, is a registered Civil Celebrant of Marriages in Hong Kong and is able to officiate at weddings at a time and place pre-booked by the client (e.g. at our law firm)....Read More
Mainland China – Hong Kong Cross-Border Divorce Litigation We represent clients in Mainland China – Hong Kong cross-border divorce litigation matters. Our team of divorce and family lawyers includes Hong Kong lawyers who handle divorce and family law and Mainland China lawyers who handle divorce and family law matters. We are able to provide our...Read More
Hong Kong Separation Law We assist and represent clients in Hong Kong separation law matters, including drafting and issuing separation letters, drafting separation agreements and applying to the court for statutory separation. Separation is a legal situation in which the parties live apart and make arrangements for children and property without a divorce dissolving the...Read More
Hong Kong Matrimonial (including Prenuptial) Property Agreements We represent clients in drafting prenuptial property agreements and matrimonial property agreements and advise clients on matrimonial property agreements. Under Hong Kong matrimonial law, a matrimonial property agreement does not have absolute legal effect (subject to the court’s discretion to deal with it in accordance with the principle...Read More
Divorce Property Division, Alimony Issues in Hong Kong Our firm represents clients in Hong Kong divorce cases and related divorce property division and alimony payments. In Hong Kong divorce proceedings, if the divorcing parties reach an agreement on the division of property and alimony, they may apply to the court for a court order to...Read More
Child Custody, Alimony for Divorced Children in Hong Kong We represent clients in divorce cases and deal with related parties’ legal issues such as child custody, maintenance (alimony), access rights, removal of children from Hong Kong and other related matters. The lawyers in our Matrimonial and Family Law team have extensive experience in this area....Read More
Hong Kong Divorce Procedures Our firm represents clients in Hong Kong divorce matters, including uncontested Hong Kong divorce proceedings and contested Hong Kong divorce litigation. In Hong Kong, all divorces, whether contested or not, must be obtained through an application to the Family Court of the District Court of Hong Kong, which will ultimately make...Read More
Legal Practice on Matrimonial and Family Law in Hong Kong Business areas Our law firm represents clients in a variety of Hong Kong matrimonial and family legal matters and proceedings, including Hong Kong divorce, Hong Kong marriage, child custody, acceliary relief and alimony, matrimonial property agreements, separation, etc. Our matrimonial lawyers have extensive experience in...Read More
The effect of divorce on the children of the marriage, especially children of tender years, is deeply felt, and most of such children desire that they could continue to be protected and guided by both parents. In Hong Kong, the usual options for custody orders, as between parents, are (1) sole custody, (2) joint custody,...Read More
Many clients, when dealing with divorce, have questions on removal of the Children of Family out of jurisdiction of Hong Kong. Removing children out of Hong Kong might have the effect of actually depriving the other parties’s access to the Child, and also might acutally depriving the Hong Kong court’s jurisdiciton to exercise control on...Read More
Disputes on the jurisdiction in divorce proceedings Hong Kong is a true international city with a large number of residents from Mainland China, Taiwan, the United States, the United Kingdom, Europe, South Asia, Japan, South Korea and other places. Therefore, divorce cases in Hong Kong often involve cross-border and international elements. An important issue in...Read More
Being a divorce lawyer in Hong Kong, I often need explain to clients the law on the distribution of matrimonial assets and maintenance on divorce in Hong Kong. Actually, adjustment of matrimonial assets and maintenance are generally two related aspect of one issue, which means the transfer of property from one party of the marriage...Read More
Hong Kong Divorce Lawyer: Hong Kong Pre-marital Property Agreement As a Hong Kong divorce lawyer, I often receive clients’ inquiries about prenup agreements and its legal effect in Hong Kong. Usually, if one party has a large amount of property before marriage, he may be motivated to consider the signing of a prenup agreement to...Read More