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Matrimonial Law
Paws for Thought: Pet-Nups
In the busy city of Hong Kong, where pet ownership is on the rise and pets are increasingly considered cherished family members, the concept of including pets in pre-nuptial agreements or eve free standing pet nuptial agreements (“Pet- Nup”) is gaining traction as a vital…Read More
The Case for Recusal: A Summary on WSSA v SYH [2024] HKCA 735
In the Family Court, it is common to see high conflict and long running cases. Parties may frequently feel aggrieved by strict case management decisions or substantive decisions made by Judge or a Master which may not be in their favour. In cases where bias…Read More
Marriage Equality in Hong Kong: Progress and Next Steps
Pride Month aims to raise awareness around equality and celebrating our LGBTQIA+ people and communities and to raise awareness of issues that affect them and steer conversation and action towards positive change. Recently in celebration of Pride Month, ten LGBTQIA+ couples tied the knot in…Read More
Legal Update: Standish v Standish [2024] EWCA Civ 567
The decision in the case of Standish v Standish, Court of Appeal, England & Wales, concerns a high-profile divorce settlement and primarily concerns pre-marital contributions to the asset pool. In an unprecedented move, the Court of Appeal reduced the award to the Wife by GBP20…Read More
Considering the right to family within the context of multiple sibling adoption
In Hong Kong, the right to family life is enshrined in Article 19 of the Bill of Rights Ordinance (Cap. 383), which recognises family as “the natural and fundamental group unit of society”. Further, Article 14 protects one’s rights from arbitrary or unlawful interference with…Read More
Question: I am going through a separation or divorce. Can I travel with my children overseas?
At the start of a New Year, parents may be looking to enjoy overseas travel with their children, especially during their long school holidays. It is important to plan ahead and seek agreement with your co-parent to prevent any travel disappointments, delays, or cancellation costs. As…Read More
Benchmark Litigation Asia Pacific 2023 Recognizes Tanner De Witt
We are pleased to announce that Tanner De Witt has received recognition in the Benchmark Litigation Asia Pacific Guide 2023 across five practice areas, including Insolvency, Commercial and Transactions, Family and Matrimonial, Private Client, and Labor and Employment. Tanner De Witt has received the following awards: Tier…Read More
What happens to my jewellery in a divorce? A simple guide on how valuable personal items are distributed during a divorce proceeding
In divorce, what will happen to my personal valuables such as my jewellery, watches, bags? Spouses are often concerned with whether they can keep their personal valuables upon divorce. Will I keep my engagement ring? Will I have to sell my watches, jewelleries or luxury…Read More
Is a pre-nuptial agreement an act of love?
We have clients who come to us seeking advice on the process and substance of a pre-nup. Often they haven’t discussed this in any real detail save perhaps they have some pre-marital wealth they wish to ring-fence or a desire to keep extended family wealth…Read More
Children Mental Health Awareness Week – Let’s Connect: Steps to minimise the impact of separation and divorce on a child
The past week was Children’s Mental Health Week in the UK with the theme of “Let’s Connect”. I was fortunate to attend a school event designed to bring this to the attention of parents and was interested to hear from an esteemed panel of Hong…Read More
“No-Fault Divorce” in England: should Hong Kong follow suit?
2022 was a big year for divorce law in England & Wales. With the introduction of the Divorce, Dissolution and Separation Act 2020 coming into force on 6 April 2022, anyone seeking to petition for divorce or dissolution of marriage no longer has to apportion…Read More
Substantial connection in jurisdictional matters – no separate test applied to parties without family in Hong Kong says the Court of Appeal in JQ v CLH CACV 350/2021
On 27 May 2021, His Honour Judge I Wong dismissed the Husband’s challenge against Hong Kong having jurisdiction over the Wife’s divorce petition. The Husband appealed. CACV 350/2021 was heard before Hon Chow JA, Hon Barma and Chow JJA in the Court of Appeal. The…Read More
