Family Law Dispute & Litigation
The breakdown of a relationship is stressful. Getting the right advice in a timely manner is crucial.
Finances and children are two major concerns involved in family law litigation. ONC Lawyers understand that every case is unique and we accompanies our clients to navigate through this process and embark on a new journey by providing practical tailored-made solutions to minimize the impacts involved. Depending on the complexity of each case, we often work closely with other professionals, such as accountants, surveyors, private investigators, child psychologists, mediators and family counsellors.
Our services include:
- Divorce;
- Application for ancillary relief;
- Variation of maintenance;
- Application for custody / guardianship / wardship / relocation / adoption for legitimate or illegitimate children;
- Domestic violence injunction;
- Injunction against abduction of children; and
- Other proceedings.
Credentials of our lawyers in this area include:
- Successfully acting for a mother seeking sole care and control of 2 children involving complicated access and other arrangements;
- Successfully acting for a father seeking care and control of 2 daughters to stay away from the mother’s physical and emotional abuse;
- Successfully acting for a mother seeking to increase court ordered maintenance payments for the children;
- Successfully acting, with support from professional forensic accountants, for a wife to prevent asset dissipation by the husband during divorce proceedings;
- Successfully acting for a wife to invite her parents-in-law to join as a party to the divorce proceedings as most of the family assets legally belonged to her parents-in-law;
- Acting for a husband to prepare a deed of separation and settlement arrangements with a view to achieving an amicable divorce;
- Acting for a mother in a hostile divorce against the father who pursued criminal charges against her for the sake of obtaining custody, care and control of 2 young children; and
- Successfully acting for a father seeking an injunction to restrain the Korean mother from removing the children from Hong Kong to Korea.
If you would like to know more about our family & matrimonial practice or how we can help you, please contact us at (852) 2810 1212 or at family@onc.hk.
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Can you obtain litigation funding from your spouse in a divorce suit?
In matrimonial cases, it is not uncommon for one party with insufficient means to ask for litigation funding from the other party by filing an application for maintenance pending suit. According to section 3 of the Matrimonial Proceedings and Property Ordinance, the Court may make orders as it thinks fit requiring one party in a marriage to pay maintenance for the other party from the date of the presentation of the petition for divorce until the date of the determination of the suit. However, under what circumstances can a party seek such funding? What will such funding cover? A recent Court of Appeal case WW v LLN [2020] HKCA 178 has provided valuable guidance.
How to Exclude Premarital Assets in Divorce Proceedings?
Given the property prices are constantly high in Hong Kong, not many young dating couples, or even newly-weds can afford purchasing a property for their own love nest. It has become this city’s phenomenon that parents would either allow their child and his/her partner to stay at one of the parents’ properties; or parents would “sponsor” them by paying downpayment of the couple’s new flat.
It is always tricky to determine the true beneficial ownership of premarital assets in divorce cases. In YKYM v YMCT [2013] HKEC 487, the Family Court had to determine whether the parties’ former matrimonial home in London was a joint wedding gift to the son and daughter-in-law from the mother, or such property was held on trust on her behalf.
Can I Remove My Child from Hong Kong if I am Divorcing My Wife / Husband?
While children are the most precious thing in the eyes of the parents, they usually become one of the most contentious issues during a divorce. It is common for married couples contemplating a divorce to want to take their children abroad for long-term settlement. Can they do so? The answer is basically no, even they may think it is for the benefit of the children. Is there any way to stop them from doing so, or even procure the return of the child?
