Read the full judgment text of FCMC 12435/2016 on BabelCite. This Family Court judgment was delivered on 6 August 2020 before District Judge A. Tse.
Matrimonial Causes – Ancillary Relief – Long Separation – Add-back of Assets – Source of Assets – Conduct – Contribution – Compensation – Delay – Needs vs Sharing Principle – Wife estopped from changing separation date – Distributions to second family not wanton spending – Husband's assets unilateral – No misconduct or special contribution – Delay justifies departure from equal division – Award of HK$5 million lump sum. The case involved a marriage of over 55 years with separation since 1967. The Petitioner sought to add back assets given to the Respondent's second wife and daughter. The Court found the distributions were not wanton spending as they were made years before proceedings and were consistent with estate planning. The Respondent's assets were deemed unilateral as they were accumulated post-separation with the second wife. The Petitioner was estopped from changing the separation date as she had petitioned based on 2 years separation prior to January 1984. The Court found no misconduct or special contribution by the Petitioner. Compensation for relationship-generated disadvantage was not applicable as it is factored into the sharing principle. The delay of 37 years in claiming was a factor for departure from the sharing principle. The Court awarded a lump sum of HK$5 million to the Petitioner on a clean break basis.
Legal issues: Separation Date and Estoppel · Add-back of Assets · Source of Assets · Conduct · Contribution · Compensation · Delay · Needs vs Sharing Principle
Outcome: Award of HK$5 million lump sum to Petitioner; Petitioner bears costs.
Cited by 2 cases · Cites 2 cases