Common Law Marriages and Palimony

i believe that the law in HK does not recognize common law marriages and palimony. Is this correct.


I have three children and am separating from my partner of some years.


Over and above paying for my children which i am of course happy to do what will happen to our jointly owned property and do i have an obligation to pay my ex-partners rent or mortgage and utilities.


Any advice appreciated as the consultations i have had with a lawyer have been inconclusive.

Apart from the kids, I doubt very much. You were not married. Can't understand why a lawyer cannot tell you this.

Hong Kong law doesn't even put too much stock in prenuptual agreements! Apparently a postnuptual agreement holds more weight or something. I know for sure that the government here doesn't recognize common law, but if she gets a good lawyer, maybe they will be able to fight for common sense?


I think if your lawyer said a whole bunch of stuff thats inconclusive, I would say then that this is a gray area. And the gods honest truth is that she will probably have to settle for what you are willing to give because sadly, even if the relationship was akin to a marriage, that piece of paper would have offered her a stronger chance of protecting herself and her kids future...coz thats how society guages "commitment", not the three kids you have together. Without that piece of paper it would make sense that the two of you get a mediator and divide up whatever needs dividing. Avoid the courts, even if mediators cost a fair bit, its cheaper than lawyering up and going to court.


Trust me, I have used lawyers, used mediators and even had my brush with court. All of it will end up making you guys hate each other and sometimes the damage done, especially if it goes to court, will be irreversible...well, if you have kids together and you are not married, the custody thing could play out in her favor. So be nice, think of the kids, and think of how you can get out of this without being too much of a douche, if its not too late for that.


Good luck.

p.mason said it all. and HC is right about your lawyer, maybe you got lousy advice. Most lawyers will charge you for initial consult but it should be in the range of 3-5 K. I think its worth it to get the lowdown on your split and the implications on your bank balance.

can anyone out there who is paying child support in Hong Kong please tell me how much they are paying each month for each of their children please?


Thanks.

Damn, wish I could help you there. All the people I know in a divorced situation have very unique situations and I really believe its according to what you are willing and able to shell out.


I mean, if you think about education alone, these days, its about HKD6000-9000 just for that each month. Not to mention school bus, uniform, lunchbox, books....so before you have even blinked you are shelling out about 8-10K a kid on education and shizz alone. Then if you think about how much it would cost to keep a roof over their heads, clothes on their back, food in their bellies and then of course all the other little things that kids end up draining your bank account for...*shrug*


I know one woman who was getting the kids education and expenses covered plus housing and "allowance" it can be anywhere from a few thousand to about 80K that I have seen shelled out. Its all relative, buddy. And also, some folks I know got a LOT coz they went to court and insisted that was how much it would take. So yeah, good luck with coming up with a fair figure, I suggest you sit down and talk it over with your ex, assuming you are on talking terms, and come to a fair number...coz the better you two can come to this together, the less likely it will get dragged through the courts and you get to wear your nads as a neck tie!

Thanks Justin, I know that the difference between married and non-married couples or should i say ex-couples is enormous. The key i guess its to keep it out of court!

Good luck with your future though. Its never easy coming to terms with the death of a relationship, especially one with so many other lives involved. I think the best the two of you can do is put your kids first (and I mean this, hence me going so far as to even suggest paying for a mediator who will help you come to a solution without taking sides) and remember that for all these years you two could make the decisions relating to your kids together. There is not one or the other of you that knows "better" what is in the kids best interests, etc, etc, etc...you know the drill, but its insane how splitting up and planning custody...not to mention the almighty dollar, can turn the nicest couple into a snake and mongoose respectively.


Kids first. That should be your mantra. And if it looks like its getting ugly, go to mediation. I highly recommend Robin Egerton, costs about 4K an hour, but it will bring you two to an agreement that works and keeps you out of the courts. Spending 20-30K to come to a civilized agreement is something you will be grateful for because going to court can cost you double that just for a day! And its rarely ever done in a day!

mediation is the answer. there are very good mediators that charge between 1000-2500. Robin Egerton is a barrister therefor charge expensive and also has a "legal; approach" which is not really recommended when it comes to mediation.