Family Law

1.   LCYP v JEK [2019] HKCFI 1588: Finally Clarifying the meaning of ‘Real Need’ in the Enforcement of Pre- and Postnuptial Agreements (PNAS)  Anthony Chan J in his groundbreaking...
September 2020
What Does the Parenting Co-Ordinator do? “Parenting Co-Ordinators” perform various functions during the re-organisation of parenting arrangements and which parenting co-ordinator is used when...
August 2020
Family law — divorce — ancillary relief — litigation funding — appeal against order requiring payment of funding per month without temporal limit and backdating of monthly payments — evidential...
June 2020
Two recent HK High Court cases may have opened the door to relaxing HK’s legislative restrictions on surrogacy and possibly formal law review and reform. The issue of criminal liability under s. 17...
April 2020
2019 was a difficult year, particularly for people living and working in Hong Kong. The city faced many challenges with the political unrest culminating in great uncertainty economically, exacerbated...
March 2020
This article examines the Court’s view on the use of confidential documents and information obtained by ‘self-help’ means. During a relationship, it is common for couples to allow each other to...
February 2020
It’s always a mistake to be too greedy in life. If you get a Big Mac, and then eat it, don’t complain that it’s all gone. You can’t have it both ways. It’s well known that the population of...
January 2020
It is a known fact that children can suffer irreparable psychological damage on the breakdown of their parents’ relationship in circumstances where there is conflict. This of course ranges widely...
January 2020
Family law — children — relocation — appeal against order relocating children out of jurisdiction — judge correct in adopting approach in Payne v Payne — drastic change of circumstances since...
December 2019
The parent of a child born out of wedlock may make a claim for child maintenance pursuant to s. 10 of the Guardianship of Minors Ordinance (Cap. 13) (“GMO”). There is no requirement in the GMO for...
December 2019
Introduction Last year, the highly publicised case of Owens v Owens [2018] AC 899 generated considerable attention on the legal framework for divorce in England and Wales. In brief,...
October 2019
The introduction of Preliminary Issues assists the court in identifying the size of the family pot for division of assets on divorce, but, this procedure should not become a mandatory process. Case...
November 2018
Civil procedure — stay — action for recovery of debt from spouse — wrong in principle to stay action pending determination of ancillary relief proceedings Family law — divorce — ancillary relief —...
May 2018
Why have the Hong Kong family courts effectively been cut out from the regulation of surrogacy cases – particularly in connection with the making of parental orders? Are Hong Kong surrogacy lawyers...
May 2018
Family law — children — access — interim interim order granting access — appeal against exercise of discretion not appropriate, unless extremely plain decision was wrong The Judge granted F an...
March 2018
On 20th June 2017 the Secretary for Justice in Hong Kong and the Executive Vice President of the Supreme People’s Court of the PRC, signed an Arrangement on Reciprocal Recognition and Enforcement of...
March 2018
Surrogacy is becoming an increasingly popular option for families hoping to start a family in Hong Kong. The acceptance of non-traditional family structures, increased access to reproductive...
February 2018
Family dispute has been known to be an unpleasant area of practice since the main task of a family lawyer is to resolve the many deep-rooted differences between couples. It would therefore not be...
February 2018
What is bigamy? Bigamy is the act of marrying a person while being legally married to another. It is a criminal offence triable upon indictment which, upon conviction, renders the offender liable...
February 2018
In a pathbreaking decision the High Court has used the inherent wardship jurisdiction to fill a hole in Hong Kong’s family law that threatened to leave it without the ability to regulate children’s...
February 2018