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
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
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
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
Disclosure of Assets in Hong Kong Matrimonial Litigation: Introduction In Hong Kong matrimonial litigation, assets disclosure operates mainly through filing of assets disclosure form (Form E) into the Court by both parties. Both parties have obligation to honestly and accurately disclose their financial status and documents such as their own property, incomes, assets and liabilities....Read More
In previous articles, I have introduced the law on the division of matrimonial assets and provision of maintenance in matrimonial cause proceedings. In this article, I would discuss Maintenance Pending Suit applications. What is Maintenance Pending Suit (“MPS”) Under Hong Kong’s legal system, divorce litigation which involves children, maintenance and financial disputes usually requires at...Read More
Introductory Being a divorce lawyer in Hong Kong, I often need explain to clients the law on the adjustment of matrimonial asset 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 to another...Read More