Read the full judgment text of FCMC 001802/1999 on BabelCite. This Family Court judgment before His Honour Judge Wong.
Matrimonial Causes – Divorce – Decree Absolute – Ancillary Relief – Discretion to delay – Prejudice to Wife – Inheritance Ordinance – Wills Ordinance – Intestates’ Estates Ordinance – Delay in proceedings – Costs. Husband applied to make absolute Decree Nisi granted 10 years prior. Wife opposed claiming material prejudice under IO, WO, IEO if decree made absolute before ancillary relief concluded. Court held discretion exists to delay decree absolute but guiding principle is whether just in circumstances. Section 16(1) IO protects Wife's rights even after decree absolute. No evidence Husband intended to benefit Wife in will. Wife's delay in pursuing ancillary claims since 2003 unexplained and deliberate. Application granted. Decree Nisi made absolute. Wife to pay Husband's costs.
Legal issues: Discretion to delay decree absolute · Prejudice to Wife under IO/WO/IEO · Justification for Wife's delay
Outcome: Decree Nisi made absolute; Wife to pay Husband's costs
Cited by 2 cases