Family Law

In 2013, the case of Prest v Petrodel [2013] UKSC 34 left the family law fraternity debating and divided. At issue was whether the family courts can pierce the corporate veil when assets...
January 2017
Domestic violence and child abuse have long been known to co-occur, but not necessarily to be more intricately linked than that. Over the last few years, however, several jurisdictions have begun to...
August 2016
Proceedings under Guardianship of Minors Ordinance – application by grandmother for guardianship under s. 8D(2)(b) – no jurisdiction to determine application as child not minor who “does not have any...
March 2016
On 25 November 2015, the Administration launched a four-month public consultation to gauge the public views on the draft Children Proceedings (Parental Responsibility) Bill (the “Draft Bill”) to...
March 2016
To get an overview of the major family law-related developments in 2015 and a prediction of how the landscape might shift in 2016, Hong Kong Lawyer reached out to family law practitioner, Sindy Wong...
March 2016
On 14 October 2015, the Supreme Court of England (“SC”) gave judgments in two different cases that have been making headlines. The facts and legal arguments were different, but the takeaway was the...
December 2015
Proceedings under Guardianship of Minors Ordinance – whether Family Court had jurisdiction where child not habitually residing or present in Hong Kong – whether inherent jurisdiction over child,...
December 2015
Jerome McDonagh, Forensic Accountant and Iain Potter, Forensic Accountant, Matson Driscoll...
May 2015
Man Wai Cheung, JD/PCLL Graduate, The Chinese University of Hong Kong and Peter Chang, Associate, Freshfields Bruckhaus Deringer Section 7(1)(a) of the Matrimonial Proceedings and Property...
October 2014
By Jonathan CY Mok, Partner and Solicitor Advocate, Mayer Brown JSM Carmen KY Cheng, Associate, Mayer Brown JSM "Married or not, [there is] no difference to the financial provision orders...
August 2014
Divorce — Distribution of matrimonial assets A Hong Kong-based couple ended their marriage after 17 years. Following the break-up, the wife (“W”) returned to Sweden to live with the only child of...
March 2014
Arrears of periodic maintenance payments ordered in matrimonial proceedings ​A wife (“W”) presented a petition for bankruptcy against her husband (“H”) based on arrears of periodic payments of...
December 2013
Joint custody unworkable having regard to practical reality of situation A child (“C”) was born in November 2008 to cohabitees. About six months later, the mother (“M”) moved out with C to live...
November 2013
Division of matrimonial assets —discretionary family trust —whether entire value of trust to be considered as matrimonial assets available for distribution A couple (husband “H” and wife “W”)...
September 2013
Departure from principle of “equal division” — distinction between litigation misconduct and marital misconduct A wife (“W”) petitioned in 2005 for divorce after 30 years of marriage, after which...
September 2013
The Hong Kong Legislative Council passed the Trust Law (Amendment) Bill on 17 July 2013, bringing to a conclusion a long period of consultation and debate as to just how Hong Kong’s antiquated Trust...
September 2013
The recent judgment in SLA v HKL (FCMC 75000/ 2010) may be Hong Kong’s first case to apply the recent UK Supreme Court landmark decision of Prest v Petrodel [2013] UKSC 34. In SLA, the couple were...
August 2013
The cliché that “law affects everyday life” rings no truer than when it comes to law relating to family arrangements. Just ask Senior Counsel and family law expert Russell Coleman. As he told Hong...
July 2013
The Courts have been the primary forum for resolving disputes between divorcing couples. Whilst mediation and collaborative practice are useful supplementary methods for helping parties achieve...
July 2013
The Law Reform Commission of Hong Kong (“LRC”) published in March 2005 its Report on Child Custody and Access (“Report”). After a period of nearly seven years, the Labour and Welfare Bureau (...
July 2013