The pandemic has caused a surge in families wishing to relocate overseas. Caroline McNally and Kajal Aswani explore what happens when a separated or divorced parent wants to leave with the child, while the other parent wants to stay in Hong Kong, and wants the child to stay here with them.
Chantelle Woo has collaborated with AlixPartners to produce a series of informative short videos in Cantonese on the divorce process. The first video explores how assets are dealt with and/or divided upon a divorce and financial disclosure during the divorce process.
The division of finances and assets of parties can be one of the most stressful, emotional and daunting parts of a divorce. The pandemic has further complicated the financial aspects of divorce proceedings due to the dynamic economic environment.In some matrimonial disputes, family lawyers find it beneficial to engage forensic accountants who can help provide the court with a clearer picture of the parties’ financial positions, especially during these unusual times.Join Kajal Aswani and Chantelle Woo from boutique dispute resolution firm Gall, and Edward Boyle and Selena Tsang from global consulting firm AlixPartners in this informative webinar to learn more about how to manage financial disclosure in a divorce.
Every year before long holidays i.e. Christmas, Easter and Summer, family law practitioners would often be busy dealing with their clients’ applications for temporary removal of children out of Hong Kong for their holiday travel. 2020 has been very different. Due to the COVID-19 outbreak and with the lockdown and travel restrictions around the world, we have not seen the typical “seasonal” element to temporary removal applications as holiday travel is no longer a driving force behind these applications.
Chantelle Woo has been quoted in article on alternatives taken by courts in Hong Kong during the closure amid the pandemic. The article mentions Gall’s involvement in the first private financial adjudication case in Hong Kong, highlights its process and introduces other alternatives to handle divorce cases such as mediation.
Upon divorce, the Hong Kong Court has the power to make orders for financial provision between spouses. In making such orders, the Court has a duty to consider various matters which are set out in Section 7(1) of the Matrimonial Proceedings and Property Ordinance, Cap. 192 (“MPPO”) including the parties’ financial resources and all the other relevant circumstances of the case.
Executive Partner Caroline McNally and Associate Catherine Tso recently represented the husband in Hong Kong’s first private financial adjudication. The dispute was resolved under the Hong Kong Private Financial Adjudication (“PFA”) pilot scheme which was introduced in 2015 and is similar to arbitration in that parties sign an agreement to have the financial aspect of their divorce proceedings adjudicated by a jointly appointed family specialist practitioner, outside the formal court proceedings.