Advice on divorce scenario in HK



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ORIGINAL POST
Posted by boloh 9 yrs ago
Hi all,

I have a relative who's contemplating divorce with his wife. How would money be split between the two of them given their current financial situation below? (e.g. 60% goes to husband, 40% goes to wife, etc)

* Wife is a stay-at-home housewife (and just to spell out the obvious again, it means she has no income)
* Husband is sole income provider
* No children
* Husband and wife and have separate bank accounts (i.e. not joint account) for savings and current accounts
* No properties, only renting, paid for by husband
* Husband has some money also in pension accounts (MPFs); wife does not
* Marriage took place in another country outside of HK just under 3 years ago
* Husband been working in Hong Kong for about 5 years now
* Husband also has some savings and pension outside of Hong Kong
* All things considered, husband hold the vast majority of financial balance, while practically zero contribution from the wife's side

Thanks in advance for your advice. This posting is basically to assess whether my cousin will be taken to the cleaner if he chooses divorce, while his lazy wife who refuses to get a job walks away with free lunch.

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COMMENTS
Makepeace 9 yrs ago
Sorry to say that, given the way the law in HK is currently, YES, he is not only likely to -- it is almost inevitable.

He will be taken to the cleaners -- and sent the bill. ie. He will probably have to pay for HER lawyer's fees too, even if she gets Legal Aid, as whatever she wins (and she will win....) will also be used to finance her lawyer, as Legal Aid is a LOAN, not a free gift.

Your problem will be to prove that she is "lazy" and refused to get a job. Because even with a "short" marriage she is very likely to walk away with at least a THIRD of what you own -- unfortunately. Some women enter into marriage not only knowing this fact full well -- but actually PLAN for that. Because they know they can't lose.

Yes, it is unfair. Many people on these forum pages naively ASSUME that "The HK divorce courts are fair."

They obviously haven't been through the wringer. Yet.

P.M. me if you wish for more information about what you might do. Good luck.

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wallfloweree 9 yrs ago
For short and childless marriage, the wife at best would get a one off lump sum payment to let her stand back on her own feet, judge would expect her to work in the labour market again . The one off lump sum payment would not be 1/2 of your assets , I would guess not even 1/3 dun worry

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