Category Archives: Legal Costs

What Is A Form H?

In this article we will highlight one of the judicial forms required when you are going through a Divorce through the Hong Kong Family Court system. The Form H, is a form which has to be completed by each spouse before every hearing in the Family Court and which sets out the legal costs incurred up to that hearing and the estimated legal costs thereafter up to and including trial. The Form H is signed by you and your solicitor and by signing this form, you are acknowledging that the costs have been brought to your attention. It is therefore important that before you sign the Form H, you review the Form H carefully and ask any questions you may have about it with your solicitor.

Let’s look at the Form H in more detail as follows:

Part 1: Estimated Costs Incurred: In Part 1 of the Form H, your solicitor will need to list out costs such as (1) Fixed Costs (2) Solicitor’s Costs (including costs incurred by your current and any previous solicitors); (3) Disbursements (including disbursements incurred by your current and any previous solicitors); and (4) All Counsel’s Fees. These costs are generally apportioned between three aspects of your divorce, namely the main divorce suit, children and ancillary relief (financial matters). It is important in this section for your solicitor to list out the costs in detail and accurately.
Part 2: Estimated Costs after the current hearing up to and including the FDR: In Part 2 of the Form H, your solicitor will need to list out the costs as outlined above in 4 different parts, but this time your solicitor will list out the “estimated” costs and what you and your solicitor believe will be the further costs after the current hearing and up to the FDR (Financial Dispute Resolution) hearing to settle the issues related to ancillary relief.
Part 3: Estimated Costs up to and including the Trial: In Part 3 of the Form H, similar to Part 2, your solicitor will need to list out the anticipated estimated costs, including your solicitor’s costs, disbursements and counsel’s fees up to and including the Trial. Therefore, this is the “estimated” costs that you and your solicitor believe will be the remaining costs to bring your case to a conclusion.

The Form H is an important document because the Judge will look at this document when making any financial orders with respect to solicitor/counsel costs. Therefore, it is important that this is filled out accurately. Timewise, the Form H is usually exchanged a day before the hearing and presented to the Court on the day before the hearing.

Whilst a Form H is a required form when litigating divorce, it is important to note another important aspect of a Form H. Sometimes litigants will not be aware of the accumulated costs that have been incurred to date and the Form H can simply summarize for a litigant, the amount of costs incurred so far and what will be incurred going forward. By acknowledging and reviewing both forms submitted to the Court by both husband and wife, both the divorcing husband and wife will know how much the divorce will ultimately cost the two of them. This can sometimes be an eye-opening experience and perhaps even make one party reconsider whether litigation is worthwhile given the amount of money that is being spent.

Cost Considerations in a Divorce

When individuals consider divorce, the main focus is generally centered around child support and maintenance (i.e. alimony/spousal support). What many individuals do not consider when filing for divorce are the costs related to the actual divorce such as filing fees, fees for solicitors and barristers, fees for experts and other cost considerations such as trial.

In this article, we will dive deeper into some of the “hidden” fees you will need to consider when you are planning your divorce case.

Court Fees: When you file a Divorce Petition, the court has mandated filing fees for the filing of your papers. If you have hired a solicitor to take care of all the paperwork and filing of your Divorce Petition, these filing fees and the fees incurred for clerks at your solicitor office to travel to/from the courthouse to file such paperwork will be included in your monthly bill. You should speak to your solicitor about the court fees so you are aware of what it costs to file your paperwork. You should also be informed of the hourly rate charged by your solicitor’s clerks to travel to/from the courthouse to file paperwork and also to serve papers to your ex-spouse’s solicitors.
Solicitor and Barrister Fees: If you have hired a solicitor, your solicitor will be charging you for the work done on your case. The hourly rates are generally outlined in your solicitor’s retainer agreement. This retainer agreement should be read carefully as it will list out the terms of your agreement with your solicitor. If you do not understand the agreement, you should ask questions so that you are fully aware of the terms before you sign the agreement. In addition to the fees incurred by you for your solicitor, you may also need to hire a barrister for your case if you proceed to a hearing and/or trial. Generally speaking, a barrister is hired by your solicitor firm. Therefore, your barrister will bill your solicitor firm but these fees are then charged to you in your monthly bill. You should have a discussion with your solicitor before a barrister is hired on your case, so that you are aware of your barrister’s fees and what you will owe for their work on your matter.
Fees for Experts: In the more complex divorce cases, you will need to hire experts. Experts can be hired for various reasons including valuations for real property, businesses and valuable items such as art and jewelry. Experts may also be hired for tax issues or issues related to trusts. Experts may also be called upon for child custody cases where a psychological evaluation of the children are needed. Another example of a third-party “expert” may be a parent-coordinator who assists you and your spouse with child custody issues. If your case requires an expert, there will be costs associated with the hiring of these experts. Generally speaking, both parties would be required share the costs of the hired experts unless an agreement is reached otherwise. Similar to barrister fees, the experts are hired by your solicitor firm. Therefore, your experts will bill your solicitor firm but these fees are then charged to you in your monthly bill. Before you agree to retaining an expert for your case, it is important that you speak to your solicitor about the fees associated with the expert so you have full transparency about what you will owe for these third-party costs.
Fees for Hearings/Trial: When you are going through a divorce, there will be many hearings leading up to a trial. For example, any time you or your spouse file an application, a hearing will be set by the court. In addition to these hearings, as you go through the divorce process there may be other mandated hearings that you have to attend such as a children’s dispute resolution hearing or a financial dispute resolution hearing. If your case is set to go to trial, you will also generally be required to attend a pre-trial review hearing in preparation for trial. Trial itself can last several days depending on the complexity of your case. It is therefore important to discuss these anticipated costs with your solicitor so you know how much it will cost you depending on what route you will take. Many times, individuals will come to the conclusion that it is much more cost-effective to compromise on key issues and come to an agreement with their spouse rather than move forward with hearing after hearing and then ultimately a trial as hearings and trial is extremely expensive. If you move forward with a trial, there will be high costs not only for your team of solicitors but also the barrister(s) and experts involved in your case. For many litigious and complex cases heading to trial, your legal team can consist of 5 to 10 individuals who many times, all charge on an hourly basis.
Other Miscellaneous Fees: In addition to the above-fees, you should also discuss with your solicitor whether there are other “hidden” fees you might not be aware of. For example, you will be charged by your solicitor firm for photocopying, faxes, and service of documents. Ask for transparency when you hire a solicitor so you are aware of all the fees that you will be charged each month. Most of this is outlined in your retainer agreement so again, it is important for you to read the entire retainer agreement before signing the document. It is also important that when you receive your monthly bill, you read through the bill rather than gloss over it. If you have questions about your bill, speak to your solicitor so you can clarify what the charges are for.

It is important that you take charge of your finances during a divorce and this includes the fees and costs that you will be responsible for in your divorce. It is therefore imperative that you have full transparency of what you are being charged and what the anticipated costs are. Do not be afraid to speak to your solicitor about costs as this may determine the course of your divorce. If you are looking to resolve matters quickly without additional costs, it may be a good idea to work on a settlement with your spouse without the need for court litigation. Mediation is a wonderful alternative to court litigation and should be considered!

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.

What To Expect At A Divorce Trial

For some couples going through a divorce, key decisions about finances and the children may end up being decided by a judge at trial. This happens if you and your spouse cannot agree on how to resolve issues between you both or with the help of a mediator. For many couples entering the world of divorce, trial is the last thing on their minds and many individuals cannot believe that their divorce has to be decided by trial. The reality though, is that if you and your spouse cannot agree on key issues, your case will proceed to trial in Hong Kong and these decisions will be made by one person: a judge. So, let’s discuss trial and what you can expect leading up to trial:

1. How Did You Get Here?
The first question many couples ask, is how in the world did they end up going to trial in a divorce?! When couples cannot agree on key issues mainly related to ancillary relief (finances) and the children, they will have no choice but to continue through the Court process in Hong Kong which ultimately will end up at trial if decisions/agreements cannot be reached by the parties in the meantime. For many couples, trial is burdensome not only because it is extremely expensive, but also because it is emotionally taxing on the couple, but also the children and the effect on them of having parents who have to endure the lead up to and during the trial. Many solicitors will thus encourage couples to try and mediate during the divorce and come to an agreement on issues by way of a Consent Summons, so that the decision related to the breakup is made by the couple and not by a judge. Unfortunately, this is not necessarily an easy feat for many couples as divorce can bring out a lot of resentment and anger. However, if you are able to put the anger and resentment aside and come up with a compromise between you and your soon-to-be ex-spouse, this will always be encouraged to avoid trial.

2. Preparations for Trial
Prior to trial, your solicitor and barrister team will be hard at work preparing all the necessary documents to be filed with the Court ahead of the trial. Many times, the trial judge will hold a Pre-Trial Review hearing, to get a better understanding of the issues to be decided at trial and what work needs to be done ahead of time. At a Pre-Trial review hearing, the judge will provide each side with deadlines for filings and any other deadlines the judge sees fit. Your solicitor and barrister will need to adhere to the deadlines set out by the court and it will require a lot of discussion with the other side so that both sides are fully prepared by the trial date. Closer to the trial, your solicitor and barrister team will also hold several meetings with you to prepare you for trial and the testimony you will be giving. They will run through the types of questions the other side may ask you on examination and how you should conduct yourself whilst on the witness stand.

3. What to Expect at Trial
Your solicitor and barrister team will handle each day with expertise and ease so as to make you feel comfortable and in good hands. The trial will be emotionally taxing as you and your spouse will be taking the stand and will be examined not only by your barrister but by the other party’s barrister as well. It is important for you to remain in constant communication and in step with your solicitor and barrister team so that you understand what is happening each day and talk to them about how the trial is proceeding. It is important to note that the judge will require you to handle the proceedings with respect and dignity. This means wearing clothes that are conservative and respectful. It is also important that you do not burst out with your thoughts and comments when your ex-spouse is on the stand or when his/her barrister is asking questions. You should answer questions directly and succinctly and not make personal attacks on your spouse as it is not the forum to do so, rather the judge simply wants each party to present their side so he/she can make the best and informed decision for you and your family.

4. Costs For Trial
What many couples do not realize, is that trial is extremely expensive. Leading up to the trial, there are hours upon hours of preparation by your legal team. Your legal team will often include a team of solicitors which can include partners, associates and trainees all assisting on the case. Your team may also include senior and junior barristers, depending on the complexity of your case and barristers will require their fees to be paid well in advance of the trial. Depending on your case, you and your spouse may be responsible for fees related to experts and reports by experts on issues related to finances and the children. There are also fixed costs to consider as well, including fees for document preparation such as photocopying and filing of documents and the related court fees. Finally, if you are unable to succeed at trial and are the losing party, you may also be responsible for the fees and costs incurred by the other party. Thus, you could potentially be responsible not only for your own fees and costs, but the fees and costs of your ex-spouse. The costs for trial can be overwhelming and should not be taken lightly. You should also consider that if you or your spouse lose at trial, you may have an opportunity to appeal and this too will be extremely costly as you will remain in the litigation process and continue to incur fees for an appeal. Thus, it is something to carefully consider before deciding to move forward with trial.

5. Can You Stop Your Trial?
Like a divorce, a trial can also be stopped before it goes forward. Your solicitor should be speaking to you about options to prevent the trial train from moving forward at epic speed. Other options that you could consider to stop a trial from going forward, is mediation, private dispute resolution with a judge or retired judge, or even sitting down informally with your ex-spouse and coming up with an agreement that works for you both preventing potential loss as a result of a trial.

Sometimes trial cannot be avoided especially if you are in a heavily litigious divorce and are dealing with a difficult ex-spouse. However, if there are certain issues you can compromise on and work on resolving with your ex-spouse, do so and put as much attention and effort into a resolution as trial can have devastating emotional effects on you and your children. The time spent to prepare for trial is also time that cannot be returned to you so it is important to consider all of this before you forge ahead with a trial.

4 Questions To Ask Your Divorce Solicitor

In a divorce, there are a million concerns that are swirling around in your head as you embark on this daunting and overwhelming process. One of the ways to ease your concerns is to be educated about the divorce process, and this requires you to ask the right questions before you begin this journey.

In your divorce journey, there are benefits to consulting with a solicitor to obtain the answers you need for your divorce. So what kinds of questions should you ask a solicitor before you get started?

1. What Costs Can I Anticipate? A divorce is a costly process. Even if you are a multi-millionaire with endless resources of cash, the costs associated with divorce should still be a concern. Your goal is to save your money and use it for you and your family going forward, and not necessarily on legal fees and unnecessary litigation. Each and every law firm will have its own legal fees and costs structure so you need to ask how that fee structure works so that you are aware of how your money will be spent and you can then plan to put aside necessary funds for the divorce process.

2. What Exposure Do I Have Related to Maintenance? One of the main issues you will want to discuss in an initial consultation is your exposure for maintenance for your spouse and/or your children. Whether you are the payor or payee spouse, you will want the solicitor to explain how maintenance is determined by the Family Court in Hong Kong and if possible, give you a general idea of what your exposure is based on the information you provide to the solicitor. It will be important to bring as much financial documentation/information with you to your initial consultation so the solicitor can review your family’s overall financial picture.

3. How Is Child Custody and Care and Access Determined? If you are concerned about child sharing, ask the solicitor what the Family Court will consider when making a determination related to child custody and care and access. It is also a good idea to be transparent with the solicitor on how childcare is currently shared between you and your spouse and what you envision or wish it to look like upon a divorce. Your solicitor can then set out a plan with you on how to achieve your goals with respect to child custody, care and access.

4. What Information Is Needed From Me? When you are consulting with a solicitor, you should be provided with helpful resources on how to get started, in addition to a list of information that you will need to gather to prepare for the process ahead. Initially you will be required to provide a lot of information regarding the children and financial disclosures in order to submit to the Family Court. These documents are mandatory in order to prepare for the process necessary to divorce.

What they say is true, “knowledge is power” and by asking the right questions, you will be educated and armed with information that is beneficial in helping you meet your goals and moving your case towards resolution.

What Is A Form H?

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