Category Archives: Ancillary Relief

Round-Up of Divorce News

Here is a round-up of Divorce news circulating the news across the world wide web!

Mobile Phone Addiction

In an article published by The South China Morning Post, some marriage counsellors in China are claiming that mobile phone addiction is responsible for up to 30% of failed marriages in China. The reason behind these claims is that couples are spending more time on their mobile devices which should instead be used to communicate with their partners, perform household duties or educate children. This causes conflict in marriages and which ultimately leads to divorce. The neglect a partner may feel due to the other partner’s attention to their mobile phone made some partners in China feel as if their partner did not care for them, their home or their children.

The Zodiac Sign Most Likely To Divorce

According to an article released by BestLife, the top three (3) astrological signs to split with their partners are as follows:
1. Aquarius: Due to its free-spirited nature, an Aquarius hates to be tied down and is the least likely to get hitched in the first place.
2. Sagittarius: Sagittarians love to view life as one big adventure and are in a constant state of wanderlust making it hard for them to stay settled in one spot.
3. Pisces: The most romantic, Pisces can become bitter and distant when they feel their partner is not providing them with unconditional love and support.

Kim Kardashian Is Legally Divorced

Kim Kardashian is now officially single after being granted a divorce from Kanye West. As part of her divorce, the celebrity also dropped “West” from her last name.
Kim Kardashian’s divorce is “bifurcated” meaning that whilst her marital status and legal name have been resolved, the other issues related to divorce, namely custody and finances have yet to be resolved between herself and her former spouse.

Newlywed Divorces After Being Blocked on WhatsApp

A Saudi national filed for divorce in Jeddah and in his Petition for Divorce stated that he wanted to part ways with his wife after she blocked him on WhatsApp. The Court issued a verdict in favour of the newlywed husband and the woman was ordered to return the dowry and gold given to her at the time of marriage.

Divorcing Couples Fight Over Crypto

The New York Times reported that divorcing couples are fighting over children, the house and now Crytpo. According to those in legal circles in the USA, marital disputes over Bitcoin is becoming increasingly common and it is now a major source of contention with estranged couples trading accusations of deception and financial mismanagement.

According to divorce lawyers, spouses underreport their holdings or try to hide funds in online wallets and this can be difficult to get to. As a result, forensic investigators are called in to assist but they can charge tens of thousands of dollars to track the movement of cryptocurrencies.

Clean Break In Divorce

When you divorce in Hong Kong, the term “clean break” may be floated around when discussing ancillary relief or financial provision (or more commonly known as “maintenance” in USA jurisdictions). So what is a clean break in a divorce? Clean Break simply refers to the distribution of property and/or payment of a lump sum to settle all financial matters, allowing the parties to move forward with a fresh start and without having to be reminded of the breakdown of the marriage by being tied to ongoing payments.

Under section 7 of the Matrimonial Proceedings and Property Ordinance (Cap. 192), the courts in Hong Kong are under a duty “to have regard to the conduct of the parties and all the circumstances of the case” including the following matters:

The income, earning capacity, property and other financial resources…;
The financial needs, obligations and responsibilities…of the parties…;
The standard of living enjoyed by the family before the breakdown of the marriage;
The age of each party to the marriage and the duration of the marriage;
Any physical or mental disability of either of the parties to the marriage;
The contributions made by each of the parties to the welfare of the family…’
…the value to either of the parties to the marriage of any benefit (for example, a pension) which, by reason of the dissolution…of the marriage, that party will lose the chance of acquiring.

In Hong Kong, the courts are not under any duty to consider whether a clean break is appropriate or not but it may be considered. Generally speaking, a clean break is only an option when there is sufficient monies in a matrimonial pot which would allow the parties to move forward after the payment of one lump sum payment/distribution of property which would settle all financial claims.

In one such case, C v F [2008] HKFLR 1, the parties had a long-term marriage which began in 1965 and a Petition for divorce was filed by the Husband in February 2000. Throughout the marriage, the Husband’s business had grown to the extent that he valued his assets at approximately HK$36 million with an income of approximately HK$800,000 per month. The Husband alleged he had considerable debts as he was heavily indebted to the company and to his business partner. The court ordered a transfer of the former matrimonial home, mortgage free, to the wife and a clean break lump sum to her of HK$15 million.

In YN v NA [2014] HKFLR 517, the court stated that “in big money cases, where the matrimonial assets are sufficient for a clean break to be achieved, a wife with ordinary career prospects is likely to have been compensated by an equal division of the assets and consideration of how the wife’s career might have progressed is unnecessary and should be avoided.”

It should be noted that once a clean break is achieved, a party cannot come back to the court and make an application for maintenance. This in itself is the benefit and advantage with respect to a clean break: it allows the parties to move on with their lives, without being tied to each other by having to make monthly payments to one party and allows each party to live independently without any burdens of the past.

If you are going through a divorce, speak to your solicitor about a clean break and whether it’s the right option for you. If there is a possibility of self-sufficiency, a clean break should be considered an option. If you are concerned about an immediate clean break, discuss alternative options such as a deferred clean break or even consider nominal maintenance which would then allow you an open door to make an application for periodical payments in the future if need be, but at the same time lift the financial burden on the paying party at the current moment.

Misconduct In Divorce

In what will be considered one of the most stressful times in an individual’s life, it is no surprise that many people behave badly during a divorce. It is a stressful life event, that many reckon to be on par with the death of a family member. With that being said, it is important that if you are going through a divorce, your conduct throughout the proceedings is important and it could have an impact on your divorce. To behave poorly is a reflection not only on your character but also affects the actual outcome of your divorce.

In a divorce, your conduct in the course of proceedings can be taken into account by the judge, although generally speaking misconduct during the proceedings is more properly dealt with in an adverse application for costs against you.

What are some examples of “bad behaviour” and misconduct in a divorce? Wanton dissipation/reckless dissipation of assets is one form of misconduct. In KMD v PIB [2011] HKFLR 351, the husband was excessively spending on his lifestyle as well as his hobby of flying helicopters and this was taken into account by the court, resulting in HK$1.2 million being “added back” from his 50% shares into the matrimonial pot for division. In MKKWH v RKSH [2013] HKFLR 540, the husband maintained three (3) other families over a period of years and post-separation the wife sought to add back an equivalent sum of monies that her husband had spent on his other families. In this case, the Court of Appeal refused the wife’s application to add back these funds on the basis that the funds had been received post-separation. In A v B [2017] 1 HKLRD 187, the court held that payments to a girlfriend of HK$1.2 million was “wanton” and “reckless” and “extravagant” in view of the marital assets and the standard of living, and the court therefore added back into the matrimonial pot, the non-marital spending.

Material non-disclosure is another form of misconduct in litigation such as monies being hidden. In SANK v PGN [2011] HKFLR 390, the court considered whether a husband’s non-disclosure and refusal to mediate should result in a costs award to the wife. The court concluded that “[t]here are many reasons which may affect the court in considering costs, such as culpability in the conduct of the litigation; for instance material non-disclosure of documents.” Parties to a divorce have a duty of full and frank disclosure and by failing to disclose, the courts will take this misconduct into consideration.

Another form of misconduct is a refusal to attempt to settle. In LWF v LMF [2015] HKFC 146, the wife’s failure to respond and attempt to negotiate was a relevant factor for the husband being awarded costs. The same misconduct label is also attached to litigants who refuse to provide evidence and/or participate in proceedings such as filing necessary paperwork and/or attending court hearings. By refusing to participate, the court will have no choice but to see the case as one-sided and only make decisions based on the actual evidence in front of the court.

The courts in Hong Kong have a duty to have regard to the conduct of the parties to a marriage. Negative marital conduct can be detailed in sworn affidavits filed with the court and will be considered by the court as a material factor in allowing the court to depart from equality (See LKW v DD). However, it is to be noted that if there is a departure from equality, the courts will look for “obvious and gross” misconduct for it to be taken into account.

How To Prepare For Family Court In Hong Kong

After filing for a Divorce in Hong Kong, you will be required to attend the Family Court once the court sets down a hearing, whether it be for a First Appointment (a hearing where the court will be given an update on your case and where a judge give directions to move your case forward) or a more substantive hearing with respect to an application filed by yourself or your ex.

With that in mind, many people ask what they should expect and how to prepare for a Family Court hearing. Here are some tips ahead of your court hearing:

Where Is The Family Court Located? The Family Court is located in the Wanchai Law Courts at Wanchai Tower, 12 Harbour Road. Prior to attending the court, make sure you know the exact courtroom that you are required to attend and ensure you provide for sufficient time so that you are not late for your hearing. There is a sitting area available at the courthouse whilst you wait for your hearing to begin. However, if you need to have discussions with your solicitor prior to the hearing, plan ahead and go early so you can reserve a conference room pending the commencement of your hearing. The waiting time before your hearing begins could be long so be sure that you have sufficient childcare and/or have informed your employer that you will be away for at least a few hours for your hearing.

What Should You Wear? This is a frequently asked question and should not be ignored. When you attend a hearing, you will be in front of a District Court judge and it is imperative that you appear presentable. Whilst you are not required to wear a suit and/or tie, it is recommended that you are dressed in smart and respectful attire.

How Should You Prepare? If you are represented by a solicitor, it will be best for you to have a discussion with your solicitor prior to the hearing. Your solicitor can provide you with a rundown as to what to expect and how the hearing will proceed. Generally speaking, you will not be required to speak directly to the judge if you are represented by a solicitor. However, there may be occasions when a judge will ask you a question directly in court so you should be ready to speak if necessary. If you are attending the court for a more substantive hearing and/or trial and are required to provide testimony, be sure to spend a few hours with your solicitor in advance so that you can be prepared to give oral testimony which your solicitor can assist you with. If there is something you wish the judge to know about your case, speak to your solicitor and ensure that he/she understands what points you want addressed at the hearing (because your solicitor and/or barrister will be the one to present your case to the judge and they will speak on your behalf). If you are representing yourself, be sure to prepare by jotting down on paper, the key points you wish to get across to the court so that when you do present yourself before the judge, your points are clear and concise. Focus on getting the facts across to the judge rather than using it as an opportunity to complain to the judge about your ex.

Finally, try not to be nervous. This is an opportunity for you to be heard at the hearing and if you are represented, trusted that you are in good hands, with a solicitor who is advocating on your behalf.

Round-Up of Divorce News

Spring has arrived and what better way to ring in the Spring season than to summarize some of the few highlights from Divorce news stories circulating the Web.

Gender and Diversity In Divorce

South China Morning Post published a story about a decision by a Court in Beijing, China ruling that a Husband should compensate his Wife for housework she had done over a period of five (5) years. The penalty? US$7,700. Whilst there may be some housewives out there that might scoff at the idea that 5 years’ worth of housework was only worth a penalty of US$7,700, it is in fact an interesting ruling as it places a monetary value to chores and housework.

According to the SCMP article, there has been and continues to be a larger debate in China about the role of women who stay at home rather than enter the workforce. This is the first ruling of its kind in China since a marriage law came into effect on January 1, 2021. With the new law in place, it will be interesting to see how this plays out and how women (who continue to mostly be in charge of housework in China) will be compensated as they are now entitled to request relief from the Court.

Chasing After The Sun

In a recent Miami Herald article, it was declared that Florida is fertile ground for love such that divorced men are choosing the state of Florida as their primary destination to move to after a divorce. Could it be that it is perhaps the sun and that sun-kissed glow attracting newly single men to flock to the sunny Florida state?

According to the article published by the Miami Herald, a study by MagnifyMoney confirms that Florida is welcoming nearly 2,581 men in the 12 months after a divorce. The study states that the real reason men are choosing Florida over other states is due to job opportunities and career advancement along with the lower cost of living offered by Florida as an incentive to move. Given the current state of affairs around the globe, it also would make sense for individuals to move where space is a luxury, as is outdoor recreation activities. After Florida, men are choosing California, then North Carolina as their second and third best destination option.

If men are heading to Florida, then where are women heading? According to the study, women opt for Texas, followed by Florida, then Georgia.

Divorce and Daughters

In a new article published by The Economist, there are several studies conducted in America which confirm that having a female first-born does in fact increase the risk of the child’s parents divorcing, particularly in America and the Netherlands. This study conducted by Jan Kabatek of the University of Melbourne in Australia and David Ribar of Georgia State University in Atlanta, Georgia, USA also states that “daughter-divorce” risk emerges only in a first-born girl’s teenage years. According to the researchers, the primary reason behind the “daughter-divorce” risk is based upon the fact that parents quarrel more over the upbringing of teenager daughters versus teenage sons.

Covid-19, Depression and Divorce

In unsurprising news, the BBC reports that due to the Covid-19 pandemic, there has been a rise in depression and stress among parents resulting in fears, worry and anxiety. This has led to frequent arguments among couples, thus placing additional stress on the relationship and opening the door to couples considering separation and divorce. Demands faced by parents are becoming increasingly stressful as parents not only are dealing with Covid-19 related fears, but the resulting effects of Covid-19 including lockdowns, home schooling mixed in with the pressures of work commitments.

According to the report, Oxford researchers are now tracking both children and parents’ mental health throughout this crisis.

Those are some of the more interesting stories hitting the web. Stay tuned for additional summaries of interesting stories circulating the web related to divorce.

Round-Up of Divorce News

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