Family Law

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
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
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
Divorce – ancillary relief – duty to give full and frank disclosure – whether breach by petitioner – whether judge erred in drawing adverse inferences against petitioner In ancillary relief...
December 2017
Parentage – declaration sought under s. 6(1) that respondent natural father of applicant – respondent absent and no scientific evidence – immigration status of applicant at issue – degree of...
August 2017
In matrimonial proceedings, it is quite common that the Family Court orders a husband to pay interim maintenance to his wife and/or children, pending the final determination of the divorce petition....
March 2017
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