Posted by
mrs o
20 yrs ago
My husband and I married in Australia some three years ago and at the time was pregnant with our daughter. We had lived together in Australia and have spent a total of six years co-habitating (three of those married) and the last essentially four in HK since husband gained employment there. He now wants to divorce - long story - and says that it is better for him (not me) to file in HK so that his former assets are protected and that HK law recocnises who brought what into the relationship when it comes to division of assets. Given that, we both had property when we met - his was just worth more. Please advise!
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mrs o
20 yrs ago
Appreciate your concern and comment FOTH, but was basically seeking replies from people who had been in a similar situation. Additionally, I see that legal professionals often reply to queries on this site, albeit briefly and obviously to drum up business, and perhaps they may here too. I have sought advice in my domicile and will too in turn in HK. Thanks all the same.
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Assets acquired before marriage are not matrimonial assets, whether it is HK law, Singaproe law, China law, and probably Australia law too. So, if you are going after assets he acquired before marriage, you will be disappointed.
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mrs o
20 yrs ago
Thanks for your reply Douglas. It isnt so in Australia. Family assets are family assets and hence his desire to file for divorce in HK where the law recognises this differently.
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Interesting. So, if you are married to a rich man in Australia. You can divorce the next day and take half his money? OK. I learn something. Never marry an Australian and never migrate or allow my spouse to migrate to Australia. Just joking.
I am not so sure that is the law in Australia. I suppose there will be some conditions to be satisfied before assets acquired before marriage will become family assets. Any Australian lawyer here?
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Mrs o,
I highly recomended you to find a lawyer in australia since if you get divorced here you will end up with nothing, pls take my recomendation, that is not a joke so talk to an expert, since law in hong kong do not protect basic need for mothers and kinds
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mrs o
20 yrs ago
Thank you Doncella. It is an interesting situation now that my husband is domiciled in HK. When we were in Aust, I was actively employed in a well paying job with a strong career path. No immediate intention of marriage or children at that stage for either of us, even though we were defacto and engaged. I was also completing a degree to further my prospects. I was independently wealthy (with property, etc) and successful. When I moved to HK some four years plus ago, my skills were not immediately transferable and my husband and I decided to get married and start a family. Douglas, I was not a destitute woman with someone else's child trying to swindle a "rich man". In fact, my husband's job wasnt well paid in Aust. It is only since coming to HK that he is exceptionally well paid. For example, his CNY bonus is more than three times someone's average yearly wage. Additionally, my husband left me....not the other way around. I adored him. I am just joining the countless other marriages that fail when placed in unusual circumstances, such as expatriate living. I cant put my finger on it, but something goes dreadfully wrong. Perhaps it is too much money. Who knows? By the way Douglas, Im a good catch! Interested? ;)
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I am confused. You are married to him for 3 years. That is the period of time that he is gaining assets. Why are you still interested to go for assets acquired before the marriage. As you said, he is not well paid in Australia, and that is the period beofre the marriage. I am confused.
Anyway, you cannot stop a party of a marriage to seek a divorce in jurisdiction he and she is domiciled in. The only way to beat him is to seek a divorce in Australia before him.
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We are not sure of his reasons of "former assets are protected."
It is always better to be in the driving seat.
Hong Kong law looks at the couples' assets as a whole, together with a number of other factors (including length of marriage, children, earning capacity etc.) when determining a financial split.
We suggest you contact us for an initial consultation and we can explain the law to you in detail.
Please contact our Mr. Chris Short for appointment.
Weir & Associates
Tel : (852) 2526-1767
Fax : (852) 2868-3568
email : weirlaw@hongkonglaw.com
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mrs o
20 yrs ago
Thank you Chris. Will be in contact soon. Regards.
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Life
20 yrs ago
Mrs O. Sorry to hear how things have turned out. You are right on one thing, people change when living the "expat" life. I think it is best for you to get the divorce in Australia, as your rights (and that of your child) will most likely be better protected. I hope you have documented all the crap he has put you through. As humiliating as it might be (should your friends know), don't be afraid to present it in family court.
The best of luck to you!
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Ok I am also an Australian and have recently separated from my husband. He is pushing for us to settle out of court for a 50:50 split. I also had a well paying job in Aust. and came with him as his spouse to support him in HK. His income is 5 times more than mine and I will struggle to pay rent on my appt on my salary as he is not willing to help. I have the children on weekends. Obviously I dont have excess funds to spend on Lawyers but would like an idea of where I stand. I had no choice to move out as he is a violent man and wouldnt leave the house as its part of "his salary package". Legally should he help just a little with my rent and should the split of assets be 60:40. BTW The properties are in my name so I suppose I have more control. All advice is appreciated.
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Readers may wish to note that the Law Society is organizing free legal advie sessions as part of Law Week 2005 at Metro Plaza in Kwai Fong (afternoons and evening) from Oct 29-Nov 6, 2005.
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So has anyone used Mr Chris Short at Weir & Co and is he OK? Or any other recommendations.
By the way, Michael Vidler, noticed your name, you are a very high profile lawyer, congrats on all your anti-discrimination work.
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