Read the full judgment text of FCMC 1080/2003 on BabelCite. This Family Court judgment was delivered on 14 October 2014 before Her Honour Judge Sharon D. Melloy.
Ancillary Relief – Property Sale – Mesher Order – Maintenance Variation – Matrimonial Proceedings and Property Ordinance – Cap 192 – s.7 – CWK v KJE – Matrimonial Causes – District Court – The parties married in June 1991 and had two sons, with divorce proceedings issued in January 2003 and decree absolute in January 2004. A property was purchased in July 2003 during the divorce proceedings and held in joint names, valued at HK$4.5 million. The husband claimed to have paid maintenance plus mortgage, while the wife alleged a side agreement where mortgage payments were in lieu of maintenance. The husband now seeks an order for sale of the property and a reduction in maintenance for the younger son. The court considered the financial positions of both parties and the Section 7 factors under the Matrimonial Proceedings and Property Ordinance. The court found that the husband likely did not pay full maintenance in addition to the mortgage, suggesting a side agreement. The court held that a Mesher style order is appropriate, deferring the sale until the younger son completes his full-time education. The maintenance for the younger son was varied down to HK$1,000 per month due to the husband's financial difficulties. No order as to costs was made. The property shall be sold at the best price obtainable from 1 January 2018, with net proceeds split 50:50. The joint tenancy was severed to tenants in common pending sale.
Legal issues: Maintenance Payment Dispute · Property Disposition · Maintenance Variation
Outcome: Order for sale deferred until 1 January 2018; proceeds split 50:50; maintenance for younger son varied to HK$1,000 per month; no order as to costs.