Read the full judgment text of FCMC 8943/2008 on BabelCite. This Family Court judgment was delivered on 25 July 2018 before 區域法院暫委法官彭家光.
Matrimonial proceedings – Ancillary relief – Asset distribution – Financial needs – Earning capacity – LKW v DD principles – Marital home sale – 73:27 split. The court determined the parties' economic resources and debts, accepting the valuation of ancestral houses in Dongguan but excluding personal loans to the Petitioner's sister used for living expenses. The court assessed the Petitioner's earning capacity at $7,500 per month and found the Respondent had no earning capacity due to cancer. Future needs were calculated based on life expectancy to 84 years, with the Respondent's needs exceeding the Petitioner's. As total assets were insufficient to meet both parties' needs, the court applied the LKW v DD principles to prioritize the Respondent's greater needs. The marital home was ordered to be sold with net proceeds distributed 73% to the Respondent and 27% to the Petitioner. No order was made as to costs.
Legal issues: 辨清資產 · 評估謀生能力 · 評估經濟需要 · 附屬濟助命令
Outcome: Ancillary relief granted. Marital home to be sold. Proceeds split 73% to Wife, 27% to Husband. No order as to costs.