Read the full judgment text of FCMC 012363/2002 on BabelCite. This Family Court judgment was delivered on 10 November 2009 before HH Judge C.K. Chan.
Matrimonial Proceedings and Property Ordinance – ancillary relief – division of family assets – conduct – gambling – non-disclosure – clean break – District Court. Petitioner wife applied for ancillary relief against Respondent husband following divorce on ground of 1-year separation. Marriage lasted 28 years with two children, one deceased. Wife sought 65% of assets, arrears of maintenance pending suit, and periodical payments. Husband sought equal division. Court determined total notional family assets at $4,429,560 including add-back of $800,959 for husband’s reckless gambling in Macau and on cruises. Court rejected add-back of golf membership overdue and 20% cash adjustment due to insufficient evidence for quantum. Conduct of husband deemed inequitable to disregard due to gambling, non-payment of MPS for 6 years, and failure to disclose HKJC account. Starting point of equal division departed to 60:40 ratio in wife’s favour for net notional assets of $3,231,281 after deducting MPS arrears, genuine debts, and company winding-up costs. Final distribution awarded 71% to wife ($2,583,769) and 29% to husband ($1,044,832) of distributable assets. Orders made for sale of properties within 3 months, division of proceeds, and payment from golf membership. Clean break order preferred due to parties’ age and retirement proximity. No order as to costs; husband’s costs taxed under Legal Aid Regulations.
Legal issues: Total family assets for distribution · Conduct of parties · Ancillary relief order
Outcome: Ancillary relief granted; Wife awarded 71% of distributable assets, Husband 29%.