Read the full judgment text of FCMC 015231/2006 on BabelCite. This Family Court judgment was delivered on 6 January 2009 before Her Honour Judge Sharon D. Melloy.
Matrimonial proceedings – ancillary relief – Deed of Family Arrangement – intention to defeat claim – loan or gift – asset division – maintenance – District Court. Whether husband entered into Deed of Family Arrangement to defeat wife’s claim – No. Whether HK$1.52 million advanced by husband’s parents was loan or gift – Gift. Computation of available assets – HKD2,238,102. Division of assets – Not upset notional division. Maintenance for wife – HK$2,400 per month. Maintenance for children – HK$3,000 per month plus HK$18,000 arrears. No order as to costs.
Legal issues: Deed of Family Arrangement intention to defeat claim · Loan or gift of HK$1.52 million · Computation of available assets · Division of assets · Wife’s maintenance · Children’s maintenance
Outcome: Ancillary relief granted; Deed of Family Arrangement not set aside; Maintenance ordered; No order as to costs.