Seeking some advice on a marriage seperation/divorce situation



ORIGINAL POST
Posted by woodphil 13 yrs ago
A friend of mine is currently seperating from his wife. This will probably lead to divorce but the situation is a little bit complicated, there are no kids involved but he would like to get some advice on the situation and maybe get some legal documents drawn up to be signed.


Does anybody know who he can contact to get this advice and how it works, do you pay by the hour or is there a set fee?


Any help would be appreciated.

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COMMENTS
ms.lee 13 yrs ago
I went through a very difficult divorce mostly because I let my ex draw up the seperation agreement without seeking proper legal advise. Only after I found out how much troubles I was in (as I have a child involved) I then asked friend in the field to help. I have then been recommended a list of good divorce solicotors in HK.


It is best to get some legal advise as to how to draw up a fair seperation agreement, especially if it is likely lead to divorce. however, if no kids involved, it should be relatively simple.


Here is a list of good divorce solicitors:



Geoffrey Booth or Elsie Liu, at Haldanes : 2868-1234

Geoffrey Booth is the most famous divorce lawyer in Hong Kong, he is good, but he charges $6000 an hour. For initiation consultation, he only charges $1000, so it is a very good idea to see him to get an idea of what needed to be included in the agreement.


Catherine Por at Stevenson & Wong : 2533-2544

She seems ok, but she charges $3800, her usual rate even for first time consultation.


Linda Heathfield at Ip & Heathfield : 2521-1312

She is amazing, she will tell you what is best for both of you in terms of saving legal cost and she is not short of clients, so she doesn't wast your time. However, she is very busy.


Barbara Hung at her own firm 21231438. I don't know her, but I was told she is good.


Sharon Ser


She is a famous divorce lawyer in the sense that she does protect her client, but she has no problem of using tricks as well. Not everyone like her approach- however, if you don't want your soon to be ex using her, better go see her yourself first.


Good luck to your friend.

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Justin Credible (Part Deux) 13 yrs ago
Agree with ms.lee, get legal advice, and be prepared not to go bargain hunting if you want a competent lawyer who also returns your calls when you want.


For a divorce with no kids, should be fairly cut and dried unless you got ridiculous amount of assets to divvy up.


Sharon Ser, if I am not mistaken is one of the top ones for child custody litigation, I would save my money when it comes to chosing lawyers who are more big on that. Just go for a divorce lawyer who can sort out a no frills divorce, should run you about 6-15K all in.

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CaptDave 13 yrs ago
Always beware of "pit bull" lawyers - they will end any hope of reconciliation, prolong matters without necessarily improving the outcome for their client ultimately causing great emotional angst, and run up huge fees.


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Justin Credible (Part Deux) 13 yrs ago
Not to mention that they also cause so much damage to the divorcing couple's relationship that any future chance of trust or communication may be forever kissed goodbye! Here here, CaptDave.

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woodphil 13 yrs ago
Ok thanks for your advice everyone, will pass it on and see how it goes.

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Gemmalaw 12 yrs ago
Geoffrey Booth? Famous HK divorce lawyer? Ironical ......

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william82 9 yrs ago
Hi,

I'm facing the nightmare or a divorce, due to wider family issues, the above post has been very informative. I wonder if you can elborate on how to identify a "Pit-bull" lawyers, and any recommendations for choosing a lawyer whereby kids are not involved, just purely a fair separation of assets, however, the flat in only in my partner's name, due to the stamp duty regime HK has in place!

Many thanks,
Will82

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dordorothy 9 yrs ago
Experience from my friends suggest infidelity evidence collected by private investigator usually can soften the reaction of the opposite side. Although it has no impact on splitting of asset.

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helloblossom 9 yrs ago
Best to sort things out without lawyers ie in terms of splitting assets, child custody. Most divorce lawyers, even most of the top ones, tend to find ways for more complication to prolong the case in order to get more payment. Most ridicuolous is Sharon Ser, she persuade client (friend of mine) to ask for unecessary claims and using lies/twisted facts as grounds of divorce which creates more conflicts, case went on so much longer than it should be. Big money she's earning!

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dordorothy 9 yrs ago
Finding a private investigator might help collecting evidence. Admittedly the evidence cannot help you from avoiding divorce but it definitely help things settle out easily.
Try this one, by an expat
http://hkpi.onestepahead.hk/

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Aime2014 9 yrs ago
Today, my sister went to the Family Court for divorce case hearing. She is the petitioner. Her husband left home and stayed in China for 10 years. They have two sons, one is 19 and one is 16. My sister agreed to be the guardian to the two sons. Her husband would only agree to pay $1,000 maintenance fee per month for the young son under 18. He claimed he has low income and can't support 50% of the son's education fee. My sister filed to ask for management fee from him for $100 per month and he also agreed for the amount. However, the judge in Family Court reminded that if my sister asked for maintenance fee of even $100 per month, both parties' financial relationship would never be stopped from now onwards. And specified that the husband can ask for the disclosure of her income and assets from the court in future if he wants to refuse or adjust lower of the payment of $100. Or when the husband has the financial difficulties and incapable to paying for any financial debts, the wife needs to help him or even needs to responsible to settle his debts. She is ordered to make the decision to either insist for $100 or abandon it within 10 minutes and signed the form given. She is nervous and helpless at the moment. She signed to agree to ask nothing. The judge was satisified. The judge announced that the divorce can be proceed since both parties agreed all terms. After leaving the court, she doubts is it really true for her understanding. She has big financial burden and not willing to pay for legal fee. Simultaneously, she does not have time to continue struggle in passing in and out for the documents to the Family Court. Hope anyone can have knowledge or experience about the maintenance fee issue. thank you

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