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Matrimonial Law
Legal update: Keeping your child secure during a divorce
This article was contributed by Dr. Monica Borschel of MindnLife. During a divorce, parents might experience intense emotions towards the other estranged parent. Often, unknowingly, one of the parents emotionally harms a child during and after the separation. For your child’s emotional and social well-being,…Read More
Who is a “child of the family”?
Who is a “child of the family”? LNL v HPYA [2016] 3 HKLRD 261 The main issue before the Court in this case was whether the child, CH, was a child of the family. The determination of this question was relevant to whether the husband…Read More
Ancillary relief: the case of short marriage between young couples without children
The Court of Appeal judgement in AVT v VNT [2015] HKEC 1298 is a good example of the departure from equal sharing of matrimonial assets in the case of a short and childless marriage. This case concerns a medium-sized estate and a comfortable standard of…Read More
Legal update: The Collaborative Divorce: A new approach
Is the collaborative approach right for you? Do you trust yourself and your partner to prioritise the needs of your family? Do you trust yourself and your partner to be open about your financial situation? Are you able to communicate with your partner openly and…Read More
Legal wedding checklist when preparing for marriage
Marriage is a legal matter. An important part of marital planning is to ensure that the implications of marriage on your legal status are well considered with ample time before the wedding. Planning takes time. Time will be short as the big day approaches. Consider…Read More
Pre-nuptial Agreements FAQs, examples
With marital planning, wealth acquired by one’s own hard efforts before marriage could be protected from the financial consequences of divorce. This firm has seen an increased client demand for protection of wealth acquired before marriage including family businesses, interests in family trusts, investment properties,…Read More
Will your inheritance count towards the matrimonial pot in your divorce?
The guidelines for how judges should deal with financial provision in a divorce case are set out by the Court of Final Appeal in the landmark case of DD v LKW (2010) 13 HKCFAR 537. Generally after providing for the needs of both spouses any…Read More
Marrying rich? Better safe than sorry.
Ranking 3rd in Forbes’s “Cities With The Most Billionaires In 2015”, it is common for married couples in Hong Kong to live lavishly through the generosity of family members but with no absolute entitlement to wealth. This begs the million dollar question, for spouses who…Read More
Improperly obtained documents in divorce proceedings
For the court or parties to reach a decision on financial relief, parties are required to disclose their financial positions to each other fully and frankly. The fight over financial relief in divorce cases can be long and bitter. If you know or suspect that…Read More
Validity and need for registration of foreign marriage in Hong Kong
When people speak of a white wedding, they used to mean the colour of the bride’s dress. Now they are just as likely to be talking about the colour of the sand on the exotic beach where the ceremony was held. A survey has claimed…Read More
Press release: Tanner De Witt instructed on ground-breaking case concerning marriage equality in Hong Kong
PRESS RELEASE 30 December 2015 For Immediate Release Tanner De Witt has been instructed by Mr Leung Chun Kwong, a Civil Servant in Hong Kong, to file an application for leave to judicially review two Government department’s decisions on the basis that they are unconstitutional…Read More
Legal update: Government launches public consultation on draft Children’s Bill
Further to our article posted on November 20th 2015 entitled “Long-awaited Children’s Bill coming soon to Hong Kong“, we are pleased to announce that the Hong Kong Government launched a four month public consultation on November 25th 2015 in order to gauge the public’s views…Read More
