divorce - split of property

Posted by Sweetsugarbabe (156 days ago)

My friend's dad is having an affair with a mainland woman and the mom knows about it. Mom wants to divorce dad. The question is, so far the mom never works outside the family and the dad provides everything in the last 31 years. They own an apartment in joint name.

In this situation, since the dad admits adultery, will the split of property between the couple be affected by this? In the US, there's regulation to have a 50/50 split between the couple, in hong kong, is it the same ratio? or no regulations? If there's no regulation, will the court sympathize the mom and allow a bigger ratio of the property to her?

(I am based in Hong Kong)

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Tags divorce

Posted by Shoe Girl (156 days ago)

Hong Kong is the also 50/50.

(I am based in Hong Kong)

Posted by isonoawabi (156 days ago)

Heard that the HK case that decided on 50/50 is being taken to the Court of Final Appeal.

(I am based in Hong Kong)

Posted by Sweetsugarbabe (156 days ago)

I also heard that the 50/50 ratio may not be necessarily applied depending on the particulars of the case, especially one side already admitted adultery act. Will it make a major difference in deciding the raito? So isonoawabi, the HK case you referred to is similar to my friend's case?

(I am based in Hong Kong)

Posted by evildeeds (154 days ago)

The 50/50 is being challenged by a man who provided for his wife over all the years they were married and has nothing to do with adultery, etc. So yes normally 50/50 but if challenged and successful then expect it to be less for the wife in the case.

(I am based in Hong Kong)

Posted by Christian Bullen (149 days ago)

Dear Sweetsugarbabe,


So sorry to hear such a sad but not uncommon story in Asia.

Any chance of reconciliation with time and good honest chats on what everyone wants. If “Mum” really wants to pursue divorce gather evidence it’s sad and the worst kind of legal process. There is no such thing as 50% rule. The conduct of both parties will be taken into consideration if the petitioner (Mum) wishes to seek a court order for maintenance / lump sum etc. Try very hard to work things out in respect of saving the marriage if that really proves impossible after a real effort then try to reach an agreement on all financial matters. You should really try to avoid court intervention on this.

Best of luck!
Christian

(I am based in Hong Kong)