Read the full judgment text of FCMC 002706/2008 on BabelCite. This Family Court judgment was delivered on 3 November 2009 before Her Honour Judge Sharon D. Melloy.
Matrimonial Causes – Ancillary Relief – Short Marriage – High Net Worth – Marital Acquest – Matrimonial Home – Need – Compensation – Sharing – Lump Sum Award – Clean Break – District Court. The parties were married for approximately 2 ½ years with no children. The Wife is a Filipino celebrity and Beauty Queen, while the Husband is a wealthy Italian businessman based in Hong Kong. They enjoyed a very high standard of living during the marriage, including multiple homes and luxury travel. They separated in June 2006, with the Wife seeking a clean break and share of matrimonial assets. The court considered the computation of available assets, finding the husband worth in excess of HK$50 million but precise extent unknown due to disclosure issues. The concept of marital acquest was engaged but not accurately determinable. The properties Bellevue Villa and Rainbow Villa were treated as matrimonial homes despite investment nature, with 1/3 of profits attributed to marital acquest. Pre-marital assets were not quarantined entirely, but departure from equality was accepted due to the short marriage. The court awarded the Wife a lump sum of HK$5 million on a clean break basis, considering need, compensation for loss of opportunity, and sharing principles. The Husband was ordered to pay 2/3 of the Wife's costs on a party and party basis.
Legal issues: Computation of available assets · Concept of marital acquest · View of matrimonial home/s · Matrimonial vs non-matrimonial assets · Share of assets (Need, Compensation, Sharing)
Outcome: Husband to pay Wife lump sum of HK$5 million on clean break basis.
Cites 1 case