Read the full judgment text of FCMC 12025/2021 on BabelCite. This Family Court judgment before 陳振國法官.
Divorce – Matrimonial Proceedings Ordinance (Cap 179) – Irretrievable breakdown – Two years separation – Living apart test – Decree Nisi granted – Costs awarded. Parties married in 1997 with three children, living in same public housing unit. Petitioner filed divorce petition based on behavior in 2019, changed to two years separation basis in 2021 claiming separation from 19 February 2019. Respondent denied separation. Court found Petitioner's evidence clear and credible compared to Respondent's vague evidence, noting Petitioner's previous petition suggested change of basis to avoid unnecessary litigation. Court held parties legally separated from 19 February 2019. Decree Nisi granted. Petitioner awarded costs including reserved costs; own costs assessed under Legal Aid Rules.
Legal issues: Whether marriage broken down irretrievably due to 2 years separation
Outcome: Decree Nisi granted.
Cites 1 case