Maintenance and Ancillary Relief – Hong Kong Private Investigator can help
In March 2010, the Court of Final Appeal (Case reference number FACV 21/2009) had ruled that a wife is entitled to half of the couple’s assets when they divorce in Hong Kong. This 50/50 rule on maintenance and ancillary relief will have major impact in cases where the financial assets are substantial. In the case, there were 2 principles,
- If there is a period of cohabitation, followed by immediate marriage, then the period of cohabitation will be considered as if marriage had extended. The longer the period of marriage (and cohabitation), the tendency towards equal split will be higher.
- It upheld the idea of “equal share” rather than the longstanding concept of “reasonable need”
Principle of 50/50 rule, and the step of execution
1. calculate the total asset of both parties
2. calculate the need of each party
3. If the asset cannot meet each party’s need, then
4. If the asset exceed the need of both parties, decide for 50/50 split
5. Factors to be considered includes lenght of marriage (and cohabitation), whether the asset is accumulated during marriage and if there is an extraordinary inappropriate behaviour (adultery is not one of them)
6. After calculation, reconsider if the result is against principle of equal share
With a clear principle, the result can still vary wildly
Even when craved on stone, the calculation can still vary wildly. As in a case, with case number FACV 21/2009, Matrimonial Court ruled Mr Yau had to pay the ex-wife a sum of 9.2M as maintenance. Court of Appeal recalculated and ruled the maintenance as 37M. The Court considered the period of cohabitation before the legal marriage should be considered also as marriage and thus calculate based on the priniciple of equal share. But in the revised judgement by the Court of Final Appeal, it decided there were a number of episodes of separation during the period of cohabitation thus the period should not be counted. In addition, the ex-wife also had asset. It rule the final maintenance being 17M.
This case illustrated if one can provide evidence, the ultimate figure can be varied significantly.
If you decided to divorce, how would a private investigator help?
If one decided to divorce, best is to provide evidence such as adultery, to ask for an immediate divorce. This tactic can avoid the opposing party has time to dissipate his/her asset.
Private Detective can also help localising hidden asset. The overall picture can allow the client discuss with the solicitor to formulate the best legal strategy. The ultimate difference will make the ‘investment’ on private detective fee well worth it.