Posted by
HKXP111
7 yrs ago
Hi all, have a couple questions relating to divorce in Hong Kong after one year of separation and joint agreement of divorce.
-How do courts treat post-separation accrual of assets? Eg if the parties split a joint bank account before filing for divorce (during the 1 year separation) , is the other spouse entitled to half of the same account at the time of court proceedings?
- Are there any 'loopholes' for ensuring assets personally accrued post separation are not able to be touched by the spouse, eg "gifting" of money to a family member?
TIA
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I am not a lawyer, however I have just gone through the process. We filed jointly. At the time you file you can state on the application how you plan to deal with the financial matters (provided you both agree). As your application the judge will either accept it or call you for a hearing (happened to me).
Prior to the hearing you both need to submit Form E (lengthy and detailed requiring months of bank statements etc) and share with each other as well. If you have an agreed arrangement in place (other than 50/50) the judge will likely accept (did in my case) as long as you both agree. If not my sense is the ruling is typically 50/50.
If you want, PM me.
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For both hkxp111 & southstand, don't mean to hijack ur thread, but I'm also in similar situation (separated over 1yr, not yet divorced) and just wondering if you need to engage a lawyer to do this if both sides agree? If so, any that you recommend and do they normally offer free initial consult? Thanks
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Hi, yes good point, if we can agree on an amount (that is close to 50/50), is it still required to fill out the full disclosure form E and to go through the court system?
Thank you!
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If both party agrees on the adjustment of assets, there is no need to file Form E. Instead, file to the court s consent summons setting out the term of your agreement. If the terms are fine with the court (usually the court does not interfere unless a child's interest involves), the court will make an order in terms of your agreements on financial issues. Check www.yanlawyers.com for more articles on separate of assets on divorce.
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In response to the last post please note the comment "usually". In my case, no children in the marriage and the court DID get involved. They got involved by setting up a court date for both of us to appear at. As part of calling us in for a court date, filling out the form E WAS a requirement. My understanding is typically this does not happen, but it CAN and did to me. I don't know if it would 100% rule out being called in for a court date, but if you were concerned about it, perhaps it's worth looking into a separation agreement that is jointly filed.
With regards to an earlier post, it is not necessary to consult a lawyer if you jointly file (assuming you both agree to financial and child related issues). Often lawyers will offer an initial consultation at no charge. My sense is this is more general guidance on what some of your options could be and if you really need them to do anything on your behalf you'll need to come back for a billed session.
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