Posted by
pjm00
14 yrs ago
can anyone tell me if there is a general bias in HK divorce settlements? if one party fronts up with the cash for a property and the marriage goes pear shaped what is the general division if partners cant agree? ditto for disproportionate financial contributions to the marriage. appreciate any direction here ..thanks!
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HK Family Courts usually start with a 50/50 division of assets. However, there are a lot of factors which need to be taken into consideration and this will affect the outcome. How long were the parties married for? Are there children involved, etc. What assets did the parties have before marriage.
Just because there is a "disproportionate financial contribution" due to party A working and party B staying at home raising the family does not mean that party B is not entitled to 50% of the assets.
Best to go and see a lawyer and explain all your particular circumstances.
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pjm00
14 yrs ago
OK thanks. Yes, think its best to go see a lawyer!!
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SCM07
14 yrs ago
hi there, i'm looking for a divorce lawyer who doesn't charge an arm and a leg for a consultation! So far i've found a couple of them ( big law firm) with $3000- $4000 an hour depending whether the case is in the district court or high court. just need to know what to do as first steps.
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pjm00
14 yrs ago
actually you should be able to find one much cheaper. my friend I think paid 2,000 hr. no contest for property. parties worked it out before, went to same lawyer. 3 x half hour meetings and all done. this is the smart way to do it.think the lawyer was in Wan Chi or close to admiralty. dont go to big law firms they are theives. just go to small business specialises in family law.
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pjm00
14 yrs ago
actually you should be able to find one much cheaper. my friend I think paid 2,000 hr. no contest for property. parties worked it out before, went to same lawyer. 3 x half hour meetings and all done. this is the smart way to do it.think the lawyer was in Wan Chi or close to admiralty. dont go to big law firms they are theives. just go to small business specialises in family law.
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[UPDATE] Please note that fee quotes stated in historic postings may be out-of-date.
The Courts in Hong Kong emphasize the equal status of both parties in a matrimonial union which should be reflected in the fair division of assets.
The court usually distributes assets equally to both parties. However, the duration of marriage is a key factor regarding the division of family assets. In circumstances of long marriage, an equal division is more likely to be adopted by the court. The court will depart from equal division if there are some special circumstances, such as caring for elderly relatives, diminishing ability to re-enter job market or any physical disability, etc.
Disproportionate financial contribution to the marriage is not a major consideration of the court. As mentioned above, the duration of marriage is a key factor affecting the division.
Weir & Associates
Solicitors & Notaries
16th Floor Tak Shing House
20 Des Voeux Road Central
Hong Kong
Tel : 2526-1767
Fax : 2868-3568
Email : WeirLaw@weirandassociates.com
www.weirandassociates.com/weirlaw
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