Read the full judgment text of FCMC 14442/2012 on BabelCite. This Family Court judgment was delivered on 13 April 2015 before Deputy District Judge I. Wong.
Matrimonial Causes – Ancillary Relief – Matrimonial Home – Sale of Property – Division of Proceeds – Maintenance – Child Support – Financial Resources – Full Disclosure – Family Business – Equal Division Principle – Clean Break – District Court – Matrimonial Proceedings and Property Ordinance (Cap 192) – LKW v DD (2010) 13 HKCFAR 537. This was a trial on ancillary relief following divorce where the parties disputed the division of the matrimonial home valued at $4,200,000 and the financial resources of the petitioner. The court examined whether the petitioner had undisclosed income from her parents' coach renting business, finding that she had been receiving money from them by assisting in the business, thus failing to make full disclosure of her financial resources. Regarding the matrimonial home, the court decided it should be sold within 6 months of the decree absolute rather than postponed until the child reaches 18, as the respondent had a housing need and could not afford to wait while the asset remained locked up. The proceeds of sale were divided equally between the parties on a clean break basis, rejecting the respondent's claim for a larger share based on family contributions which had diminished in significance over time given the long relationship. Maintenance for the petitioner was discharged due to her undisclosed resources and ability to support herself, while child maintenance was set at $4,800 per month based on the child's needs and the respondent's earning capacity. Costs were ordered to be no order as to costs given mixed success in the proceedings. The court applied the principles under section 7 of the Matrimonial Proceedings and Property Ordinance (Cap 192) and the guidance in LKW v DD (2010) 13 HKCFAR 537.
Legal issues: P's interest in coach renting business · Timing of sale of matrimonial home · Division of proceeds of sale · Maintenance for parties and child
Outcome: Matrimonial home sold; proceeds shared equally; R pays child maintenance; P's maintenance discharged.
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