Family Law

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
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
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
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
In PD v KWW [2010] 4 HKLRD 191 Hartmann JA in the Court of Appeal said: “A parent having sole custody had the authority to make the final decision on such matters as the child’s education, religious...
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
The world changes. We change. Things change faster than we realise. On the seventh anniversary of the iPhone debut (29 June 2006), children now swipe, splay, pinch and tap long before they hold a...
July 2013
Divorce cases in Hong Kong are set to be influenced by a landmark ruling delivered last month in the UK Supreme Court (“UKSC”) on whether the “corporate veil” can be pierced, and a transfer of...
June 2013
Divorce — jurisdiction — discretion to stay proceedings for forum non conveniens In 2002, a husband (“H”) and wife (“W”), both mainland Chinese nationals, married in Hong Kong. From 1992, H had...
June 2013
Entitlement to grant of administration — dispute between two applicants with equal entitlement to grant The deceased (“X”) died intestate leaving seven children - including a son (“C”) and a...
June 2013
Family inheritance —whether applicant “in immediate need of financial assistance” The plaintiff (“P”) sought interim maintenance from the substantial estate of her late grandfather (“X”) under the...
June 2013
Divorce — ancillary relief — approach to financial assistance provided by third parties in assessment of parties’ financial resources — term “judicious encouragement” should no longer be used In...
June 2013
The Panel invited the Law Society to prepare submissions on the subject for its meeting on 28 May 2013. Council noted the Law Society has issued 3 Press Releases on this since October 2012 and...
June 2013
Ms W, a post-operative male-to-female transsexual, sought judicial review to quash the refusal of the Registrar of Marriages to allow her to marry her male partner. W’s appeal proceeded on the basis...
May 2013