Read the full judgment text of FCMC 11575/2016 on BabelCite. This Family Court judgment was delivered on 31 August 2021 before 彭家光.
Matrimonial proceedings – Ancillary relief – Family assets – Sharing principle – Maintenance – Costs – District Court – Petitioner absent – Property division – Spousal support rejected – This case concerns an application for ancillary relief following a divorce petition. The parties were married in 1985 and have three adult children. The Petitioner filed for divorce in 2016, and the Respondent filed a counterclaim. The Petitioner was absent from most hearings and did not comply with court orders regarding financial disclosure. The court identified two family assets: a residential property in Bujie valued at HK$9,970,000 and a public housing unit in Tsing Yi valued at HK$2,640,000. The Respondent has a low income and high expenses, while the Petitioner is retired. The court applied the sharing principle from LKW v DD, finding no reason to depart from equal division. The court ordered the Tsing Yi property to be transferred to the Respondent and the Bujie property to be sold with proceeds split. The Respondent's claim for monthly maintenance was rejected as she would have sufficient funds from the property division and government subsidies. Costs were awarded to the Respondent due to the Petitioner's non-cooperative attitude.
Legal issues: Division of Family Assets · Spousal Maintenance · Costs
Outcome: Respondent's ancillary relief application granted in part; Tsing Yi property transferred to Respondent; Bujie property sold and proceeds split; Maintenance claim dismissed; Costs awarded to Respondent.
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