Hong Kong takes a discretionary approach to the division of property in divorce cases. Unlike jurisdictions with specific matrimonial regimes, such as community property or separate property regimes, Hong Kong does not have a fixed set of rules or formulas for the division of property, save that the general basic principle is that of a 50/50 equal division of assets.

 

Instead, Hong Kong courts have the power to make financial relief orders based on the principle of equity. This means that each case is reviewed on its own merits, taking into account the unique circumstances of the parties involved.

 

When determining the division of property, the court considers several factors, including:

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1. Financial and non-financial contributions: The court evaluates the financial contributions made by each spouse during the marriage, including income, assets, and property acquired. Non-financial contributions, such as household chores or children's education, may also be considered.

 

2. Needs and obligations: The court considers the current and future financial needs of each spouse, including housing, income, and standard of living. The court also considers financial obligations, such as child care costs or alimony.

 

3. Duration of marriage: The length of the marriage is an important factor. In general, longer marriages may involve a more equitable division of property, while shorter marriages may involve a more limited division.

 

4. Age and health: The age and health of each spouse are taken into account to assess their respective future earning capabilities and financial needs.

 

5. Standard of living: The court aims to maintain a reasonable standard of living for both spouses after the divorce, taking into account the lifestyle they experienced during the marriage.

 

6. Prenuptial and postnuptial agreements: If valid prenuptial or postnuptial agreements are in place, the court may take them into consideration when determining the division of property. However, the court has the power to deviate from these agreements if they are deemed unfair or unreasonable.

 

It is important to note that dividing property is not automatically a 50/50 split. The court has the flexibility to make orders that it considers fair and reasonable based on the specific circumstances of each case.

 

Romain Pierre Levaire is a specialist in the law and procedures relating to divorce, children and post-separation financial disputes.