Category Archives: Finances

Divorcing Over 50

The unfortunate reality is that divorce can happen at any stage in a marriage. As relationships continuously evolve, there may come a point where it no longer works and both parties have decided to move on. For some couples, this can happen later in life and in some cases, after the children have grown and left the nest.

Divorce after 50 does not mean your life is over and it can be an opportune time to reevaluate your life and take advantage of the many opportunities and adventures that lie ahead. Here are some tips to help the transition.

Educate Yourself with your Divorce and your Finances: The divorce process is overwhelming at any age and regardless of what stage you are at in your life, it is important for you to become educated about your divorce and your rights. Make sure to speak with a solicitor so that you understand what the divorce process looks like, the timing of how things will progress, the details of your financial health in a divorce and most importantly, what the divorce will mean for your children if they are still under the age of 18 years. If your spouse was the main breadwinner and/or individual in charge of the finances in your marriage, now is the time to become acquainted with your finances and understand what your future finances will look like. This might also be an opportune time to hire a financial planner so that you know how much you can spend and how much you will need to save for the future. Will a divorce require you to find a job and earn income of your own? What additional income do you need to pay your day-to-day expenses? How much money can you save and will need to save post-divorce? These are some of the questions you will need to ask your financial planner so you are aware of your financial health. The goal is to become financially independent which will ultimately result in greater life satisfaction for you.
Start New Hobbies and Make New Friends: A divorce does not mean your life is over. Yes, it will mean that you will need to adapt to a new normal but that new normal can be exciting and full of adventure. If you still have minor children and they are not with you 100% of the time, the extra time that you have when your children are living with your spouse will give you the opportunity to spend time with friends, explore new hobbies and make new friends. Even if you are in your older years, it does not mean your life is over but rather it is just getting started and you now have a second chance opportunity to explore all the things you wish you could have done in your younger years. Starting new hobbies that may include physical fitness is a form of self-care which is so important if you are to find fulfilment and satisfaction in your life.
Start Dating: Your golden years is also an opportune time to start dating again. This is especially true if your children have grown up and moved away. Explore the dating world, get to know others and yourself in the process. Social connections are good for humans and building upon new relationships is what you might just need to move on and let go of the past.

Regardless of where you are at in the divorce process, it is important to see it as a new opportunity and new adventure to move forward in your life despite the difficulties of the journey. Be sure to surround yourself with supportive family and friends. It is also important to partner up with a solicitor that is supportive of you and provides you sound, reasonable advice so that he/she can make carry many of the legal burdens for you and support you along the way.

Timeline For Divorce In Hong Kong

One of the more common questions we receive is how long does it take to obtain a divorce in Hong Kong? There is not a simple straight-forward answer as there are many considerations involved in such a timeline. The timeline of a divorce could be impacted by your personal circumstances but also circumstances out of your control. For example, earlier this year, the courts in Hong Kong were subject to a “GAP” (a general adjournment period) due to the Covid-19 outbreak in Hong Kong. As a result, the courts in Hong Kong were closed for an extended period of time and this caused significant delay for many individuals going through a divorce in Hong Kong.

With that being said, the Family Court in Hong Kong do have general guidelines on how long it should, practically speaking, take for cases to be concluded in Hong Kong. This is outlined in Practice Direction SL10.4 with the Family Court’s Target Time Tabling schedule. According to this Practice Direction, after a Case Management Hearing (“CMH”) hearing is listed before the allocated judge, and in cases that involve both children and finance proceedings, the target time table is as follows:

Short cases within 23 months from the Case Management Hearing;
Medium cases within 27 months from the Case Management Hearing;
Long cases within 32 months from the Case Management Hearing.

The time tabling estimates of course may vary if you are only dealing with finance issues. According to the Practice Direction SL10.4, cases involving finances only, the target time table is as follows:

Short cases within 13 months from the Case Management Hearing;
Medium cases within 17 months from the Case Management Hearing;
Long cases within 22 months from the Case Management Hearing.

It is important to note that on the issue of divorce only, if you and your spouse are not involved in a dispute on the issue of divorce and it is an undefended divorce, the timeframe from the filing of the Petition to the Decree Absolute is generally anywhere between 6 to 9 months.

It is important to speak with your solicitor about any questions you may have about the timetable for your divorce as he/she will be able to give you a better idea of how the courts are handling matters at the time of filing. The complexity of your case will also determine the timeline as to how long it will take the courts to set down key dates/hearings. Your solicitor should prepare you in that a divorce in Hong Kong is never quick. It will take time to divorce in Hong Kong and it will be an involved process that requires a great deal of patience.

Questions to Ask Your Solicitor

Many families are back in Hong Kong after a long, extended summer away and the focus is now on settling back into a routine with your family and children. For some, now that the chaos and fun of summer is over, it is the opportune time to regroup and sit down with your significant other to talk about the hard topics that may have been swept under the rug for the sake of summer fun. It is during this new season that many couples have considered speaking with a solicitor to get their queries answered about separation, divorce, custody and all the other important topics related to a split.

Before any major decisions are made about a divorce, it is important that individuals educate themselves about the separation and/or divorce process in Hong Kong and education includes spending a good 30 minutes to an hour with a solicitor specializing in divorce to answer all the questions you may have about what a divorce could mean for you and your family.

In this article, we will list out all the questions you should take with you and ask your solicitor in your initial consultation so you have a handy checklist on what information you need to make an informed decision about your divorce.

List of Questions To Ask Your Divorce Solicitor In The Initial Consultation: Here is a list of questions to ask your divorce solicitor in an initial consultation. Please be minded that you may want to add to this list of questions based on your personal circumstances.

What is your experience in family law? Can you tell me a little bit about yourself and your experience handling these types of matters?
What is the difference between a separation and a divorce in Hong Kong?
Who is likely to obtain custody/care of the children? Do the Courts in Hong Kong give preferential treatment to mothers?
If I receive primary care of the children, will my partner still have the ability to make joint decisions on issues like religion, schooling and healthcare?
I want to move away from Hong Kong with the children, what process do I need to go through in order to obtain this?
How will the Courts in Hong Kong determine the division of assets and debts? Is it 50/50?
How will the Courts in Hong Kong determine alimony and child support?
Instead of going through the Court process, are there other alternative methods to resolve the outstanding issues with my spouse? For example, is mediation or collaborative divorce an option in Hong Kong?
If I go through the divorce, can I speak directly to my spouse and negotiate with my partner on my own?
How much will you charge me for a divorce? What about extra fees?
What do you anticipate/estimate my fees will be to finalize the divorce?
Will you be handling my case or do you have a team/associate assisting as well? How much do you charge per hour?
If this becomes a litigated case, do I need to also hire a barrister?
Can we ask that my spouse pay for or contribute to my legal fees?
Based on the information provided, what would be your suggested strategy for my case?
How long do you think it will take to resolve my case on the divorce, children and finances?

List of Questions To Ask Your Divorce Solicitor During The Proceedings: is important that during the divorce process, that you are fully informed of your case and the progress being made. Questions that you pose to your divorce solicitor will vary depending on your own unique circumstances. Here is a list of questions you may want to ask throughout the proceedings so that you are on top of your case and fully informed of its progress.

Can we review the progress of my case to date and discuss the strategy going forward?
How much longer do you think it will take to conclude my case?
How much have I paid in costs thus far? Can you provide an estimate of how much it will cost further, to conclude my case?
Is there anything you can do to move this case forward faster?
I am not happy with the result/progress of my case, is there anything we can do?
Do you think it is time to send out a settlement offer?
I have moved on and want to remarry, can I do that even though my divorce is not yet concluded?
My financial situation has changed since the commencement of my case. How can alimony be adjusted due to the change in circumstances?
Now that my children are older, I want to spend more time with them and they want to spend more time with me. Can I adjust custody/timeshare now that they are older?

You are now armed with important and key questions to assist you in the process of your divorce with your solicitor. Each case is different so you will have your own specific questions unique to your own circumstances. Your solicitor should always be available and willing to answer any and all questions you may have. If there is a lack of communication between you and your solicitor, this should be considered a concern as you should always be aware of the progress of your case and the direction it is headed. If there is a breakdown of communication with your solicitor, it may be time to have a difficult conversation with your solicitor or move on with another solicitor to support you on your journey.

Offers of Settlement

Divorce can be overwhelming for each individual involved, to the point where it can sometimes feel as if you’re on a bullet train and cannot get off. It is important for you to know however, that despite where you are at in your divorce, there is always opportunity to come to an agreement with your spouse and settle differences without Court intervention. One option to consider during any stage of the divorce process is an offer of settlement. Let’s take a look at offers of settlement and what you should consider before making an offer:

1. What Is A Settlement Offer?
A settlement offer is a letter sent to your spouse in a divorce setting out proposals for the resolution of issues that are in dispute. This can include issues in dispute including ancillary relief, custody and division of property and any other issues that are specific to you and your spouse. A settlement offer can be sent as an “open” offer which means it can be submitted to the Court at any time or it can be sent “Without Prejudice” and are not admissible in evidence in Court proceedings. If your settlement letter is marked “Without Prejudice, Save as to Costs” it is not admissible in evidence in Court proceedings except when it’s related to the issue of costs. This is discussed further below under “Calderbank” offers.

2. Why Are Settlement Offers Beneficial?
Sending a settlement offer to your spouse can be beneficial because it sets a basis for resolving issues in dispute. Even if your spouse does not agree to the proposals, it can be a starting ground to discuss the issues further and try and come up with a resolution that you can both be happy with. Settlement offers can also be beneficial if you and your spouse want to attempt to resolve issues in dispute with or without continuing to move forward with the Court process which can be timely and very expensive. It is important to remember that when sending out settlement offers, that you speak to your solicitor to assist in preparing an offer that is reasonable and practical.

3. What Are Calderbank Offers?
You may have heard about “Calderbank” offers. Calderbank offers are sanctioned offers and refer to “Without Prejudice, Save as to Costs” offers of settlement. This means that when a case is brought before the Court, a Judge in his or her discretion as to costs, may take into account an offer expressed as a “Calderbank” or “Without Prejudice, Save as to Costs” letter. It is important to discuss this with your solicitor as to the timing of Calderbank offers as they can play into your litigation strategy during the divorce proceedings. Many times, Calderbank offers are sent by a party before a substantive hearing where issues will be dealt with by the Court.

4. Offers in Good Faith:
A settlement offer should be reasonable and practical and more importantly, made in good faith. The Court in Hong Kong stress the importance of negotiating in good faith and an offer of settlement is your attempt to negotiate. Negotiations should be done in a constructive manner and it could result in adverse consequences including costs if it is not conducted in good faith. Good faith includes cooperation between the parties, exploring reasonable settlement options and engaging in constructive discussion. Ignoring settlement letters or failing to provide substantive responses is not helpful and could result in adverse consequences.

Finally, If you have a solicitor who does not encourage good faith in your settlement attempts, it may be time to consider a new solicitor as solicitors can play an important role in encouraging settlement and resolution.

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.

Divorcing Over 50

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