• A virtual re-write of the second edition, with extensive changes to each chapter.
• Includes a new chapter on Co-habitation.
• Wealth of new cases and decisions on all topics.
• Discusses the “Arrangement on reciprocal recognition and enforcement of civil judgements in matrimonial and family cases”.
• Edited by Ms. Philippa Hewitt, Professional Support Lawyer in divorce and family from Withersworldwide and a team of distinguished contributors.
Updates are provided on a wide range of topics, including but not limited to:
1. Prenuptial agreements;
2. Trusts and divorce;
3. The effect of corporate structures in assets division;
4. Habitual residence for children;
5. Cross-border issues;
6. Co-habitation and the effect on children of unmarried parents;
7. Co-habitation and marriage rights of same sex partners;
8. ADR-collaborative practice; etc.
The text further offers an analysis of the main ordinances and laws in Hong Kong governing divorce, children’s welfare and financial relief on the breakdown of a marriage.
All legal precedents and cases from the last 4 years are included and updated where necessary.
Important new cases covered in this edition:
1. The same sex cases: QT v Director of Immigration CACV 117/2016 and Leung Chun Kwong v
Secretary for the Civil Service HCAL 258/2015 and recent developments in the UK with civil
partnership for heterosexual couples.
2. Beneficial ownership cases: LWYA v KYW and LLP (shares in family company: gift or transfer)
CACV 151 and 152 of 2013; [2014] HKFLR 567 and addbacks: CFA case of Mimi Kar Kee Wong
Hung v Raymond Kin Sang Hung [2015] HKFLR 318.
3. Court of Final Appeal cases: SPH v SA (marital agreements and forum) and Kan Lai Kwan (KLK)
v Poon Lok To Otto (PLTO) [2014] (trusts) – judgements were delivered shortly after the 2nd edition was published in 2014.
Chapter 1 Jurisdiction of the Family Court - Divorce and Dissolution Chapter 2 Practice and Procedure of the Divorce Suit Chapter 3 Jurisdiction and Forum Chapter 4 Ancillary Relief : The Law Chapter 5 Ancillary Relief : Orders that can be made Chapter 6 Variation and Maintenance Pending Suit Applications Chapter 7 Ancillary Relief : Practice & Procedure Chapter 8 Nuptial Agreements Chapter 9 Trusts and Divorce Chapter 10 The Law in Relation to Children Chapter 11 Practice and Procedure In Relation to Children Chapter 12 Other Applications Relating to Children Chapter 13 Co-habitation Chapter 14 Domestic Violence Chapter 15 Injuctive Relief on Financial Matters Chapter 16 Enforcement of Judgments Chapter 17 Costs Chapter 18 Legal Aid Chapter 19 Family Mediation Chapter 20 International Overview of Matrimonial Financ in Other Jurisdictions
