Read the full judgment text of FCMC 002250/2000 on BabelCite. This Family Court judgment was delivered on 2 September 2002 before H.H. Judge Bruno Chan.
Ancillary relief – Customary marriage – Lump sum – Delay – Contribution – Matrimonial Proceedings and Property Ordinance – 1983 Settlement – Financial needs – District Court – Petitioner Wife sought ancillary relief against Respondent Husband following a customary marriage in 1951. Key issues included whether there was an agreement to separate before marriage, the duration of the marriage in the context of customary law, whether a 1983 High Court settlement was a full and final settlement of claims, and the effect of delay in prosecution. Court held no agreement to separate existed, marriage duration was long due to customary context, 1983 settlement did not cover ancillary relief claims, and delay was not fatal given circumstances. Wife's contributions and needs were recognized. Lump sum of $12 million awarded. Costs awarded to Wife.
Legal issues: Whether there was an agreement between the parties to live separate and apart from each other even before the marriage took place · What was the duration of the marriage and its effect upon the Wife's claims · Whether there was any agreement reached between the parties in 1983 under the settlement of their High Court proceedings which was in full and final settlement of all claims arising out of their relationship / marriage · Has there been delay in the prosecution of the Wife's claims and if so its effects thereon
Outcome: Wife's application for ancillary relief granted; Lump sum awarded.
Cited by 6 cases