Read the full judgment text of FCMC 1021/2016 on BabelCite. This Family Court judgment was delivered on 16 November 2022 before 陳振國法官.
Matrimonial Proceedings – Ancillary Relief – Lump Sum Payment – Matrimonial Proceedings and Property Ordinance (Cap 192) s.4 and s.7(1) – Short Marriage – Financial Circumstances – Comprehensive Social Security Assistance (CSSA) – Credibility of Evidence – Self-Represented Parties – Whether the court should exercise discretion to grant ancillary relief given the short duration of the marriage and the financial status of both parties – Whether the wife's claim for return of pre-marital funds is substantiated – Application dismissed – No order for costs – Parties married in 2011, separated in 2011, divorce absolute in 2021 – Wife claimed RMB 70,000 given in 2007 – Husband on CSSA, no assets – Court found marriage lasted only 7 months, no evidence of support, wife's claim uncorroborated – Both parties financially disadvantaged – Court declined to make any ancillary relief order – Costs not ordered as both parties self-represented.
Legal issues: Grant of ancillary relief · Credibility of pre-marital fund claim
Outcome: Wife's ancillary relief application dismissed.