Read the full judgment text of FCMC 30/2021 on BabelCite. This Family Court judgment was delivered on 6 October 2022 before 張天雁.
Matrimonial Proceedings – Ancillary Relief – Asset Distribution – Sale of Matrimonial Home – Maintenance – Costs – Absent Respondent – The court considered the principles of asset distribution under the Matrimonial Proceedings and Property Ordinance (Cap 192) s.7, following the guidance in LKW v DD (2010) 13 HKCFAR 537. The court ordered a 53% to 47% split of assets in favour of the Petitioner due to her contributions and the Respondent's failure to contribute financially after separation. The matrimonial home was ordered to be sold as neither party could buy out the other, and there was a risk of repossession. Maintenance orders were made for the child and the Petitioner, reflecting the Respondent's capacity to pay and the Petitioner's needs. Costs were awarded against the Respondent for failing to participate in the proceedings. The proceeds of the sale were to be held in trust, with 60% allocated to the Petitioner and 40% to the Respondent, subject to payment of arrears and costs.
Legal issues: Asset Distribution · Sale of Matrimonial Home · Maintenance Orders · Costs
Outcome: Ancillary relief granted; property ordered to be sold; maintenance orders made; costs awarded against Respondent.