Form E Disclosures

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Form E Disclosures

When you file for divorce in Hong Kong and proceed through the court system, there are a number of steps and forms you need to fill out as part of your divorce. One of the key disclosure documents you must fill out is a Form E.  A Form E is a disclosure document which outlines your assets and liabilities thus providing your ex-spouse and the court with full transparency of your financial status with supporting financial documents. In the Form E, you will need to fill out all the details of your financial status including your income, property, assets and liabilities.  This document is signed under oath so it must be a true statement as a false statement may then be a contempt of court. In the event you and your spouse come to an agreement over the finances without court intervention, you both may be spared from exchanging a Form E if it is mutually agreed to waive the exchange of such disclosures. If however, you proceed through the court system and litigate your divorce, a Form E will be mandatory and you will have to exchange this disclosure document with your ex-spouse.

Let’s go through a Form E so you have a better idea of what is asked in the document and what information you must provide:

Part 1: General Information: In Part 1 of the Form E, you will need to provide general information such as your full name, birthdate, date of marriage and employment information. In this section, you will also need to provide your date of separation, whether you intend to remarry and information about your children such as their birthdates and whom the children currently live with. It is in this section that you can provide the current educational arrangements for the children and what you propose for future arrangements and if there are any maintenance arrangements or orders for maintenance between you and your spouse.

Part 2: Assets and Liabilities: In Part 2 of the Form E, you will need to provide information about your place of residence and specify whether you rent or own the property. You will need to provide information on whether you currently live with others including your new partner and children, whatever is applicable. If you own property in Hong Kong or elsewhere outside of the jurisdiction, you must provide this information including any details about the property such as mortgage/legal charges against the property, your estimate of the current property value and title information. As part of your assets, you will also need to provide bank details in Hong Kong and in any other jurisdiction, investment accounts, shareholding/beneficial interest in companies, directorships or any other businesses and also any insurance policies and pensions/MPF which you may have an interest in. Valuable personal items are also part of your asset pool so you will need to detail these items such as cars, boats, art and jewelry. It is important to note that if you hold cryptocurrency, this is also disclosable and you must provide information/supporting documentation about any and all crypto accounts.  In addition to assets, you will also need to detail liabilities in detail including loans, revolving credit and credit card charges.

Part 3: Income: In Part 3 of the Form E, you will need to provide details of your income including base salary, bonuses, commissions and any allowances provided by your work. If you receive income from any other source, this is where you will need to provide the information and supporting information.

Part 4: Current Monthly Expenses: Part 4 of the Form E is where you will need to provide a complete breakdown of your monthly expenses. In this section, the Form E guides you through each area of expenses and lists out different types of general expenses that you will likely have such as meals at home, transport, insurance premiums and other expenses related to the children such as tuition, holidays and clothing/shoes. In this section, you are also asked to provide a list of anticipated future expenses and this is a good opportunity to list out what changes are in store whether there will be an increase or decrease in expenses.

Part 5: Other Information: In Part 5 of the Form E, you will be given an opportunity to provide details as to whether there has been any significant changes to your assets during the last 36 months and this includes assets both in Hong Kong and elsewhere. This is where you will have an opportunity to explain any major changes that you have experienced with your income or loss of assets through special circumstances. You will also be given an opportunity to explain whether the conduct of either party should be taken into consideration.  It should be noted that this is only taken into consideration in exceptional circumstances however, the court does provide you an opportunity to provide such details in this section.  Additionally, you can also explain the standard of living during the marriage enjoyed by yourself and the children and any other circumstances which could significantly affect the extent of financial provision that should be made by or for you and the children.  In Part 5 of the Form E, this is your opportunity to provide as much narrative detail as possible as to the financial circumstances of your family and what you expect/anticipate is needed in order to maintain the status quo.

Part 6: Orders Sought: In Part 6 of the Form E, you will be able to list out what orders you seek from the court.  If you have hired a solicitor, this is the time to discuss with your solicitor your expectations as to what it is you seek from the divorce.

Part 7: Schedule of Attachments: Finally in Part 7 of the Form E, you will be provided with a checklist of all the supporting documents you must provide with your Form E. It is important you go through each item so that all required supporting documentation are provided as attachments.

Filling out a Form E will be daunting especially if you have representing yourself in a divorce. It is recommended that you seek the assistance of a solicitor to help you fill out this financial disclosure as this will be a key document in your divorce and will be referred to many times throughout the court process. You should be reminded that you will need to sign the Form E under oath.  Thus, the document must be truthful and you must provide full disclosure.  Before you submit a Form E, be sure to speak with a solicitor so you can be sure that all information has been correctly listed and that you are not missing anything of great importance.

5 Important Things to Do Before You File for Divorce

When a couple decides to divorce, it is usually never a spontaneous decision but rather a long evolving process that has culminated to this point over a period of time. It is important that during this process, you are prepared should you and your spouse decide to file for divorce.  There are many things you can do to prepare for divorce and in this article, we will provide you with some useful tips on what to consider ahead of a divorce:

  1. Thoughtfully Consider Whether Divorce Is Right For You: Before you jump into a decision to divorce, it is important that you thoughtfully consider whether divorce is the right option for you. Many couples for example, choose separation over divorce especially if there are health insurance or religious reasons to consider.  Divorce is a life-changing decision and it should not be made spontaneously but considered over a period of time after you have had an opportunity to consider what divorce would mean for you and your children.  During this time, you may want to speak to a therapist or even try couples counseling in an attempt to either solidify your decision to divorce or reconsider divorce.
  2. Have Thorough Discussions With Your Spouse (and Children) and Your Solicitor: Before you divorce, you may want to have a series of discussions with your spouse about whether divorce is the right decision for you as a couple and for the family.  In your discussions, you may want to discuss whether divorce is the right option for you as a couple and if you do divorce, how would that look.  For example, in your discussions with your spouse, you could talk about how you want to divide finances or how to split care and control of the children.  Generally speaking, if you have mature and reasoned discussions with your spouse prior to the filing of a divorce Petition, there is more possibility that your divorce will not be litigious since you and your spouse have discussed the divorce beforehand. If you surprise your spouse with divorce papers, there may be shock and feelings of betrayal involved which may not bode well going forward in the divorce. Additionally, you may want to schedule an initial meeting with a solicitor to discuss divorce and what it would mean for you to file for divorce and discuss your legal rights and any concerns/questions you may have related to a divorce.  The solicitor will be able to guide you as to the timing of your divorce petition and the things to consider when filing for your divorce petition. This initial information-gathering meeting is important so that you are prepared for what’s to come.
  3. Gather All Necessary Information/Documents For Your Divorce: If you have decided to divorce, you will want to start organizing your life.  For example, this is now the time to gather all the necessary information/documentation related to your finances so that you are aware of your financial health.  You will need to disclose this information to your solicitor who will then prepare all the necessary financial disclosure documents for the Court.  If you do not have this information, it will be harder for your solicitor to prepare the financial disclosure documents that are necessary in your divorce.  It is also not beneficial for you to be in the dark about your finances as you will need to prepare your life post-divorce and this includes being financially independent.  In the event that you are filing a non-molestation order against your spouse, this is also the time to gather all the necessary documents and photos to support your allegations against your spouse.  If you have children, it will be important to collect all the information/documentation related to their daily schedule and any other pertinent information you believe is necessary related to care and control.
  4. Consider Your Wishes For The Divorce Regarding Finances and Children: After you have spoken to your spouse and had the initial information-gathering meeting with your solicitor, this may now be the time for you to consider what you want from the divorce.  How do you want to move forward with the divorce? Do you want to attempt mediation first? Do you and your spouse already have an agreement in place prior to a divorce? Have you reviewed your finances to consider how much maintenance (if you are entitled to it) you will need to pay for your day-to-day needs and the needs of the children? How much time do you want with the children and/or how much time will you agree to your spouse having with the children? These are a few of the important questions to ponder upon and discuss with your solicitor.
  5. Make Necessary Plans For Your Life Post-Divorce: Another aspect you should thoughtfully consider is how you want your life to look post-divorce.  Do you plan to remain living in Hong Kong or do you want to relocate to another city/country? Will you propose to take the children with you? How much money will you need to sustain your lifestyle each month? Will you need to work or switch jobs? This is your time to brainstorm how you want to plan your life once you are divorced and to start making all the necessary plans to reach those goals.  Your solicitor can assist you with this process and provide you with guidance on how you can reach your goals. You may also consider retaining a financial planner to help you with your finances and budget accordingly.

With all the tips above, the key component is open communication with both your spouse and solicitor and also knowing what you want both in a divorce and thereafter.  Whilst it may be difficult, divorce should be viewed almost like a business transaction as you and your spouse are each now negotiating the best deal for oneself.  It may be easy for emotions to get involved, but the less emotion involved, the easier the process will be.  Speak to your solicitor who can help you through this challenging journey.

Spotlight Profile – Dr. Ken Fung, Clinical Psychologist

In this spotlight profile, we are speaking to Dr. Ken Fung, a clinical psychologist and a relationship therapist from the Jadis Blurton Family Development Center in Hong Kong. Dr. Fung was formally trained in California, USA and earned accreditation in Hong Kong, Australia and New Zealand.

As a Clinical Psychologist, Dr. Fung focuses on assisting individuals, couples and families with relational and emotional issues. Dr. Fung uses the Gottman Method, Psychodynamic, CBT and Systemic approaches in his practice which we will dive in more deeply with Dr. Fung below.

Dr. Fung, thank you for taking the time to speak with us today.

Can you tell us a little bit about your background and training?

I am a Clinical Psychologist and Relationship Therapist. My work is focused on relationships and treating or working with couples who are going through relational and/or emotional problems.

In terms of my background training and education, I earned a Bachelor’s Degree in Psychology in New Zealand and a Master of Social Sciences in Criminology in Hong Kong at The University of Hong Kong and also earned a Doctor of Psychology in Clinical Psychology at the California School of Professional Psychology in USA.

Your practice focuses on the Gottman Method, Psychodynamic, CBT and Systemic approaches. What is this, can you explain what this means and how this is incorporated into your clinical practice?

So, the Gottman Method is the main method of therapy of which I focus on. This method was developed by a pair of renowned psychologists and therapists based in Seattle. This method is based on more than 40 years of research experience as to why couples work and why they don’t work. The Gottman Method focuses heavily on emotions and how people connect. This is how I frame my clinical approach – many times couples in Hong Kong do not know how to express their emotion and rather they talk cognitively and intellectually with each other with very little emotion expressed. The Gottman Method embraces a lot of emotion and that aspect of a relationship. It’s a very comprehensive model and I embrace a lot of the techniques used in the Gottman Method.

The Psychodynamic Method is one that has a very long history. This approach focuses heavily on previous life experience and on the understanding of the intra-psychic conflict and hence defenses and different attachment and relations which we have with our parents and other significant others. This method emphasizes the unconscious processes and it is a complicated and complex approach.

CBT is Cognitive Behaviour Therapy and is one of the most commonly used approaches in modern psychotherapy. It is vastly symptom-oriented and the aim is to help clients alleviate their presenting symptoms and identify the factors maintaining the problems. The focus tagline of CBT is that if we change how we think, we can change how we feel.

Many individuals who are going through divorce are challenged with the emotions associated with divorce. What are some of the central themes you are experiencing in your clinical practice with those going through a divorce?

Many individuals seek counseling and psychotherapy as a last resort. It is a last resort after trying everything else. In a divorce process, there are a lot of emotions including, but not limited to anger, frustration and depression. My approach is to try to help them understand where they are in the relationship. A lot of couples think that my role is to help them get back together. However, couples’ therapy is more than that. Yes, getting back together may be one of the goals, but a key goal is to try to help individuals see what they really want in the relationship and so they could be more informed in deciding their future. Couples therapy is a tool/platform to create a safe, comfortable and natural platform for them to communicate with each other. It is a way for couples to connect emotionally because many couples have been talking intellectually but that didn’t work out so in my sessions, I help them connect emotionally.

What practical exercises can individuals do to emotionally connect and get through times of distress (eg. divorce and the Covid-19 pandemic)?

One of the key exercises I suggest to couples is to engage in “stress reducing conversation” – This requires couples to take turns to be the speaker and the listener and the key is to talk about their feelings about anything other than the relationship and relationship issues. This exercise allows the listener to emotionally engage with the speaker and vice versa. This exercise helps couples connect emotionally rather than get caught in the loop of discussion where the focus is only on the relationship and relationship issues. By talking about other things, the couple can start to rebuild healthy conversation. I also suggest that couples use “I” statements when talking about things rather than “you.” Couples should practice this every day for 15 to 20 minutes and try to make some peaceful conversation so the brain can learn that they are each capable of creating non-stressful conversation. This creates the basis for the couple to talk about something more serious.

What advice do you have for parents who are trying to co-parent amidst a divorce? What do you recommend for parents so that they can successfully navigate healthy parenting post-divorce?

First and foremost, it is important for parents to talk to each other first to try to understand each other and then to compromise. Healthy parenting post-divorce requires compromise but a lot of people misunderstand what compromise really means. Individuals think that compromise means that you have to sacrifice and give something up to please the other person but that is not compromise. Compromise can be seen as you and your partner each being a part of your own planet but you both have to come out of yours and meet halfway. In our sessions, I assist couples to identify the areas where they are flexible and where they are inflexible. Compromise can only be accomplished in the common areas identified as “flexible.” However, it’s important to recognize that before entering into successful compromise, each person needs to hear why the other person is inflexible in certain areas. A lot of inflexibility stems from a person’s upbringing and it is deeply rooted in childhood experiences so when a partner tries to move something that was so deeply rooted it’s difficult to change and that’s why it’s so important to understand where the inflexibility is coming from. Change comes after understanding.

You also work with children and the complex emotions they may feel during a divorce and the loss of “family” that they may be feeling amidst a divorce. What can parents do to bring healing and help their children communicate the complexity of emotions they may be feeling?

According to research, children as young as 6 months old can sense a parent’s emotions. A child at this young age may not know the reasons behind it but they can feel a parent’s emotions so parents need to be aware of this. What helps a child is when parents are aware of their own emotions. A parent’s emotion can be very intense even if they decide to use silence as a coping mechanism. Silence sometimes hurts more than when parents fight because silence creates a deep sense of confusion in children. My first suggestion is to not assume that the child(ren) do not know what is going on and instead try to be genuine in terms of your emotions. Emotions are powerful and parents can decide the depth of details they wish to share with a child with respect to the problems they are having and wisdom should be used by a parent when it comes to sharing such details. However, when it comes to emotions, a parent should be genuine with the child. If you’re not happy, you can tell your child you are unhappy but not necessarily have to disclose what exactly happened in terms of details.

You created an online platform called “Your Relationship Clinic” on social media. Can you tell us more about this platform and how you are helping individuals through this online platform?

The “Your Relationship Clinic” was a platform I created in 2013 on Facebook. As time went on, I wanted to reach out more to the younger generation in Hong Kong and I switched the platform to run on Instagram. This is a platform where I share a lot of information and thoughts as a psychologist and a relationship therapist on issues related to relationships. Rather than focusing on academic research, I value sentimental and emotional perspective to allow me to interact more closely with my followers. Each day I run a Q & A and am there to listen to those going through difficulties and my role is to help them understand that there are people out there willing to listen. My platform is run in Chinese but English speakers can also reach out to me should they have any questions or concerns or wish to have a listening ear. My Instagram can be found at @yrrelationshipclinic.

About Dr. Ken Fung, Clinical Psychologist:

Dr. Fung is a Clinical Psychologist and focuses on helping individuals, couples and families with relational and emotional issues using the Gottman Method, Psychodynamic, CBT and Systemic approaches.

Dr. Fung graduated with a Doctor of Psychology from the California School of Professional Psychology, USA and he also received a Master of Social Science from The University of Hong Kong and Bachelor of Sciences from The University of Auckland, New Zealand.

Apart from his role as a clinical psychologist, Dr. Fung is the creator of the platform “Your Relationship Clinic”, an interactive channel allowing open discussion and emotional support to traditional Chinese-speaking individuals with relationship issues they may have with partners, family members, friends, colleagues and pets.

Dr. Fung’s practice emphasizes the importance of communication as a tool to meet expectations but also a vehicle to express genuine emotions through the establishment of a “safe space.”

Dr. Fung is based in Hong Kong and his clinic is located at the Jadis Blurton Family Development Center.

Potential Risks When Litigating Relocation in Divorce

For our last installment in this three-part relocation series, we are going to explore the potential risks that you may face when you decide to litigate a relocation application in the Family Court in Hong Kong. Generally speaking, it is always a better option to come to agreements with your ex-spouse rather than litigate matters in the Family Court. However, it is sometimes an impossibility you’re your ex-spouse is not reasonable and/or not willing to resolve matters outside of Court, whether it be agreements made directly with one another or through mediation. Relocation is a heated discussion between divorcing couples if there is no agreement. Thus, let’s look at some of the potential risks you should consider before you proceed and make your case before a judge. Bear in mind that these are only “potential” risks and each outcome will depend on the circumstances of your case and the judge deciding the outcome.

1. Less Time With Your Children: In our previous article, we explained that if you file an application in bad faith (eg. To alienate the other parent from the children) and this is revealed to the judge, you may expose yourself to a change in your custody and visitation orders. Thus, it is extremely important that the focus of your relocation application is the welfare of your child. A relocation application should never be filed to cause a rift or disrupt the bond between your ex-spouse and your child.

2. Money and Time Spent: A relocation application is not a quick and easy process. You may find yourself waiting for months before you are heard before the Family Court and once the process begins to move through the Court process, it could take significant time before an order is made by the judge. Moreover, solicitor and barrister fees and costs will also pile up rather quickly and you should anticipate having to pay significant fees to litigate your matter.

3. Psychological Damage: There is no definitive evidence to suggest that a relocation will have any psychological impact on your children, but there is some research out there that suggests it could have a long-term impact on a child’s psychology. This is definitely something to consider and watch out for. Look for signs of stress and anxiety in your child. Think about what kind of effect this might have long-term knowing your child’s unique personality and bond with the other parent. If anything, a relocation could potentially cause more distress than the usual divorce due to your child being uprooted.

4. Hague Convention Risks: In the event that you make a unilateral decision and you move your child to another country without consent or a court order, you will be subject to The Hague Convention on the Civil Aspects of International Child Abduction. It is considered child abduction if you wrongfully remove a child from their home state. Fleeing Hong Kong without written consent by the other parent or court order is risky business and you should seriously reconsider your decision and you should consult with a solicitor who can inform you of all the risk.

Being prepared will help you overcome any obstacles you may face in a relocation application before the Hong Kong court and should be taken seriously to avoid any significant adverse repercussions upon yourself or the children.

Finding The Right Solicitor In A Divorce

When a decision is made to divorce, you are forced to become familiar with the legal world and what may seem like, a legal minefield. This is not an easy task given the legal jargon and technicalities involved in filing for divorce and navigating it until the end. Whilst some couples attempt to navigate the legal process on their own, others choose to hire legal representatives (solicitors and barristers) to assist them and take charge of the legal process. Finding legal representation should not be taken lightly because your relationship with your solicitor will last for a significant period of time and may even extend beyond the actual divorce if there are post-divorce issues to be ironed out.
Here are tips on what to look for when searching for the right divorce solicitor:

1. Do Your Research: Before you decide on a solicitor to assist with your divorce, conduct your own research on who you might want to hire. Conduct an online search and see if any articles or reviews have been posted about the solicitor or his/her law firm. Take your research outside of the Web and ask friends or extended family for a referral. Word of mouth is a great resource. By chatting with others in your community, you will get a better sense of the solicitor’s reputation in the community and whether he/she will be a good fit for you and what you are hoping to achieve in your divorce. Some solicitors have a more aggressive approach to divorce, whilst others are more mediation/settlement minded. You should consider how you want to approach your divorce and your goals and whether it aligns with your solicitor. You should also consider the financial impact a divorce will have on the matrimonial pot and approach your solicitor with that in mind as legal fees will skyrocket the more you litigate.

2. Ask Questions: Before you sign an engagement letter to hire your solicitor, do not be afraid to ask a lot of questions. How does the solicitor bill for his or her work? What is the solicitor’s hourly billing rate? Does the solicitor have assistants and paralegals? If so, will they be doing a significant portion of the work on your case? What are the hourly billing rates for assistants and paralegals working on your case? These questions are important because it will help you determine if you can afford the solicitor’s services going forward. Divorce is a long and expensive process. The initial retainer fee/costs on account will only get you so far and often, you can expect to pay additional fees and costs going forward. An initial meeting with the solicitor is also important because you can see if you and the solicitor are on the same page and whether your personalities gel together. This will be a long working relationship so it’s important that you and your solicitor work well together.

3. Don’t Be Afraid To Make Decisions: If you’ve hired a solicitor and come to find you are not happy with the relationship, do not be afraid to first discuss the issues you have with your solicitor in a transparent and frank conversation with your solicitor. If that is insufficient, then do not be afraid to change your solicitor and find a solicitor that is right for you. While you do not want to get into the habit of switching solicitors on a frequent basis, it is not unreasonable to change your representation when there is a true breakdown in the relationship between you and your solicitor. You may be hesitant to switch your solicitor after investing so much time and money, but remember you are likely to save more money in the long run with the right solicitor and get the results you desire with the right partnership.

Finding the right solicitor to handle your divorce is crucial. The right working relationship will determine the trajectory of your divorce, so make an informed decision before you navigate the legal landscape.

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