Matrimonial | 家事
1. 我和丈夫關係不佳,我單方面決定離婚。我需要向法庭提出甚麼理據?I have a bad relationship with my husband, I have decided to divorce him. On what grounds will the Court allow a divorce?
根據《婚姻訴訟條例》(第179章)第11A條,只有當婚姻已破裂至無可挽救之地步時,法庭才會容許將婚姻結束。
如單方面申請離婚,你須向法庭證實有下列一個或以上的情況出現:
Under section 11A of the Matrimonial Causes Ordinance (Cap. 179), the Court shall uphold the marriage unless the marriage has broken down irretrievably.
In the case of unilateral application for divorce, you have to satisfy the Court of one or more of the following facts:
如單方面申請離婚,你須向法庭證實有下列一個或以上的情況出現:
- 配偶曾與人通姦;
- 配偶的行為(通常為一連串難以容忍的行為,有時單一而極之嚴重的失當行為亦會被法庭接納)使你不能合理地期望和配偶一同生活;
- 在緊接離婚呈請提出之前,你和配偶已分開居住最少連續一年,而配偶同意離婚;
- 在緊接離婚呈請提出之前,你和配偶已分開居住最少連續兩年(則無須配偶同意離婚);或
- 在緊接離婚呈請提出之前,你已遭配偶遺棄最少連續一年。
Under section 11A of the Matrimonial Causes Ordinance (Cap. 179), the Court shall uphold the marriage unless the marriage has broken down irretrievably.
In the case of unilateral application for divorce, you have to satisfy the Court of one or more of the following facts:
- that your spouse has committed adultery;
- that your spouse has behaved in such a way that you cannot be reasonably expected to live with your spouse (usually it is a series of misconducts or intolerable behavior, but sometimes a single incident of grave misconduct may suffice);
- that you and your spouse have lived apart for a continuous period of at least 1 year before filing the petition and that your spouse consents to a divorce;
- that you and your spouse have lived apart for a continuous period of at least 2 years immediately before filing the petition for divorce (in such a case your spouse's consent to a divorce is not required);
- that your spouse has deserted you for a continuous period of at least 1 year immediately before filing the petition for divorce.
2. 除了訴訟外,有沒有其他方法處理離婚後的子女、財務安排?Apart from litigation, are there any other means to settle the on-going arrangements for children or financial matters after divorce?
正在分居或離婚的夫婦可以考慮家事調解。家事調解乃自願參與的計畫,旨在協助雙方在子女或財務上的安排達致一個雙方都能夠接受的協議。調解會由一位公正和受過調解訓練的調解員主持,協助雙方溝通及在保密的情況下達成協議。
家事調解服務可在訴訟展開前或進行期間的任何階段開始。調解員會先個別約見雙方,所有會面內容會絕對保密,而且不具法律約束力。調解過程中,雙方可個別諮詢專業獨立的法律及財務顧問意見。
家事調解需時不定,視乎需要解決問題的複雜程度和數量。如雙方積極合作,而問題較為簡單,一般只需要參與兩三次會議,便可達成協議。法庭鼓勵調解,以節省訟費、時間和法庭資源。
家事調解統籌主任辦事處位於灣仔港灣道12號灣仔政府大樓一樓113-116室,詳情請致電2180 8063。
For separating or divorcing couples, there is an option of family mediation. It is a voluntary process for both parties to reach their own mutually acceptable agreements regarding the on-going arrangements for their children or the resolution of financial matters. A trained and impartial third party, the mediator, can assist both parties to communicate and negotiate issues in a confidential setting.
Family mediation can commence before or any time after the litigation process. The mediator will first meet the respective parties. All content of the meeting will be strictly confidential and will not be legally binding. During the process, both parties can seek independent legal and financial advice.
The duration of mediation depends on the complexity and number of issues to be settled. If the parties are willing to participate and cooperate, and the issues are not too complicated, it may only take 2 or 3 mediation sessions to reach an agreement. The Court highly encourages mediation because it helps save legal costs and time.
The Family Mediation Co-ordinator's Office is located at Room 113-116, 1/F, Wanchai Tower, 12 Harbour Road, Wanchai. For details, please contact 2180 8063.
家事調解服務可在訴訟展開前或進行期間的任何階段開始。調解員會先個別約見雙方,所有會面內容會絕對保密,而且不具法律約束力。調解過程中,雙方可個別諮詢專業獨立的法律及財務顧問意見。
家事調解需時不定,視乎需要解決問題的複雜程度和數量。如雙方積極合作,而問題較為簡單,一般只需要參與兩三次會議,便可達成協議。法庭鼓勵調解,以節省訟費、時間和法庭資源。
家事調解統籌主任辦事處位於灣仔港灣道12號灣仔政府大樓一樓113-116室,詳情請致電2180 8063。
For separating or divorcing couples, there is an option of family mediation. It is a voluntary process for both parties to reach their own mutually acceptable agreements regarding the on-going arrangements for their children or the resolution of financial matters. A trained and impartial third party, the mediator, can assist both parties to communicate and negotiate issues in a confidential setting.
Family mediation can commence before or any time after the litigation process. The mediator will first meet the respective parties. All content of the meeting will be strictly confidential and will not be legally binding. During the process, both parties can seek independent legal and financial advice.
The duration of mediation depends on the complexity and number of issues to be settled. If the parties are willing to participate and cooperate, and the issues are not too complicated, it may only take 2 or 3 mediation sessions to reach an agreement. The Court highly encourages mediation because it helps save legal costs and time.
The Family Mediation Co-ordinator's Office is located at Room 113-116, 1/F, Wanchai Tower, 12 Harbour Road, Wanchai. For details, please contact 2180 8063.
3. 我與丈夫雙方決定離婚,我們需要向法庭提供甚麼證明?Both my husband and I have decided to divorce, what do we need to prove to the Court?
根據《婚姻訴訟條例》第11B條,雙方必須向法庭證明:
According to section 11B of the Matrimonial Causes Ordinance, both parties must prove to the Court:
- 在緊接離婚申請提出之前,雙方已分開居住最少連續一年;或
- 在提出申請之前不少於一年,由雙方簽署擬向法庭申請解除婚姻的同意書已提交法庭,而其後該同意書並無被撤回;以及
- 持有結婚證書。
According to section 11B of the Matrimonial Causes Ordinance, both parties must prove to the Court:
- that the parties to the marriage have lived apart for a continuous period of at least 1 year immediately preceding the making of the application; or
- that not less than 1 year prior to the making of the application a written notice signed by both parties of their intention to apply to the court to dissolve their marriage was given to the Court and that the notice was not subsequently withdrawn; and
- holding a Marriage Certificate.
4. 離婚會對我本來的一些權利有影響嗎?Will the divorce affect some of my rights?
離婚會影響到某些原本作為配偶才享有的權利,例如前度配偶之人壽保險的利益、社會保障、稅務優惠(例如已婚人士免稅額)、前度配偶之僱主所提供的醫療保險等等。離婚後也會令一方失去前配偶的遺囑饋贈,或失去家庭信託基金下的利益。
雙方結婚後原享有由婚姻法例賦予的權利,尤是婚姻居所權利(即雙方均擁有夫妻主要居所之居住權);離婚後,將喪失該權利。
Divorce will affect some of the rights which can only be enjoyed when you were a spouse. For example: the benefits under a former spouse’s life insurance, social security benefits, taxation benefits (e.g. married person’s allowance), medical insurance provided by a former spouse’s employer, etc. Divorce also cause any testamentary gift (e.g. gift in the will) to a former spouse or benefits under a family trust to lapse.
Both parties also lose rights that were given to them under certain matrimonial legislations – in particular their “matrimonial home rights” (i.e. spouses have equal rights of occupation of the matrimonial home).
雙方結婚後原享有由婚姻法例賦予的權利,尤是婚姻居所權利(即雙方均擁有夫妻主要居所之居住權);離婚後,將喪失該權利。
Divorce will affect some of the rights which can only be enjoyed when you were a spouse. For example: the benefits under a former spouse’s life insurance, social security benefits, taxation benefits (e.g. married person’s allowance), medical insurance provided by a former spouse’s employer, etc. Divorce also cause any testamentary gift (e.g. gift in the will) to a former spouse or benefits under a family trust to lapse.
Both parties also lose rights that were given to them under certain matrimonial legislations – in particular their “matrimonial home rights” (i.e. spouses have equal rights of occupation of the matrimonial home).
5. 我與丈夫育有一女,會否因為我沒有工作而令我獲判子女撫養權的可能性降低?My husband and I have a daughter, will the probability of awarding custody of my daughter to me be lowered because I lost a job?
法庭的首要考慮是子女本身的利益。每一個案將視乎本身的情況與事實而定,但當處理子女安排的紛爭時,法庭必須考慮全部有關係的因素,繼而衡量各因素所佔比重。最好的做法是雙方同意子女的安排才進行離婚。
法庭會盡量維持現狀。如子女一直或在離婚申請後住在其中一方的居所,並已習慣和喜歡現時的環境和生活形式,除非有特殊迫切性原因,法庭會盡量避免擾亂現時的家庭生活。
雙親各方的謀生能力及財務資源亦是舉足輕重的因素。沒有工作或會令法庭憂慮該方能否有效配合個別子女的需要,但必須按個案的情況判斷,不能一概而論。
The prime consideration for the Court is the best interests of the children. Every case will depend on its own facts. However, in the matters relating to children in family proceedings, the Court would take into account all relevant factors and balance the factors against each other. The best way forward is both parties have agreed upon the matters relating to children before proceeding to divorce.
The Court will try to maintain the status quo. If your child has already settled well with one of the parents and is used to and happy with his/her surroundings and lifestyle, the Court is unlikely to consider taking the child away from the parent unless there are other special and compelling reasons.
The capability and resources of each parent are also weighing factors. A party who is unemployed may not be able to provide for the financial needs of the child. Nevertheless, the case must be determined based on individual circumstance.
法庭會盡量維持現狀。如子女一直或在離婚申請後住在其中一方的居所,並已習慣和喜歡現時的環境和生活形式,除非有特殊迫切性原因,法庭會盡量避免擾亂現時的家庭生活。
雙親各方的謀生能力及財務資源亦是舉足輕重的因素。沒有工作或會令法庭憂慮該方能否有效配合個別子女的需要,但必須按個案的情況判斷,不能一概而論。
The prime consideration for the Court is the best interests of the children. Every case will depend on its own facts. However, in the matters relating to children in family proceedings, the Court would take into account all relevant factors and balance the factors against each other. The best way forward is both parties have agreed upon the matters relating to children before proceeding to divorce.
The Court will try to maintain the status quo. If your child has already settled well with one of the parents and is used to and happy with his/her surroundings and lifestyle, the Court is unlikely to consider taking the child away from the parent unless there are other special and compelling reasons.
The capability and resources of each parent are also weighing factors. A party who is unemployed may not be able to provide for the financial needs of the child. Nevertheless, the case must be determined based on individual circumstance.
6. 如果我的配偶打算在離婚審訊前將兒子帶離香港,我該怎麼辦?If my spouse plans to take our son out of Hong Kong before the matrimonialproceedings, what should I do?
你可於離婚訴訟程序中申請禁制令,禁止兒子在不受你的管養和控制下被任何人帶離香港。你應委託律師,馬上將有關命令送達入境處。入境處在收到資料後,會通知所有出入境口岸和機場,以防止兒子離開香港。
You can apply for a prohibition order, to prohibit the child who is not under your custody and control, from being removed from Hong Kong. You should retain a lawyer, and immediately notify the Immigration Department with the prohibition order. After the Immigration Department receives the information, it will notify all immigration checkpoints and the airport to prevent your son from leaving Hong Kong.
You can apply for a prohibition order, to prohibit the child who is not under your custody and control, from being removed from Hong Kong. You should retain a lawyer, and immediately notify the Immigration Department with the prohibition order. After the Immigration Department receives the information, it will notify all immigration checkpoints and the airport to prevent your son from leaving Hong Kong.
7. 我與配偶開設了一個聯名銀行戶口,而我一直對該款項的貢獻較配偶為多,我是否就能擁有這個 戶口的一切財產?I opened a joint-name bank account with my spouse, but my financial contribution has always been more than my spouse, can I keep all the money in this bank account?
採用聯名戶口的話,除非有相反意圖,否則表面上此戶口內的任何款項均由夫婦兩人共同擁有。一方需要令法庭信納,開設聯名戶口只是為了方便某些用途。
如果一方使用戶口內的款項來購買股票或物業並納入自己名下,表面上這些財產屬於其個人擁有。就算其中一方為聯名戶口款項貢獻更多,法庭通常都會認定這些財產是夫婦雙方已共用的。
If it is a joint-name bank account, unless there is a contrary intention, the money in this bank account is jointly possessed by both husband and wife. One party needs to satisfy the court that the opening of the joint-name account is for facilitation of attaining certain purposes.
If one party uses the money in the bank account to purchase stocks or property in his/her own name, it would appear that the assets are personally possessed by him/her. Even if one party has more financial contribution to the account than the other, the Court would generally find that those assets are jointly possessed by the husband and wife.
如果一方使用戶口內的款項來購買股票或物業並納入自己名下,表面上這些財產屬於其個人擁有。就算其中一方為聯名戶口款項貢獻更多,法庭通常都會認定這些財產是夫婦雙方已共用的。
If it is a joint-name bank account, unless there is a contrary intention, the money in this bank account is jointly possessed by both husband and wife. One party needs to satisfy the court that the opening of the joint-name account is for facilitation of attaining certain purposes.
If one party uses the money in the bank account to purchase stocks or property in his/her own name, it would appear that the assets are personally possessed by him/her. Even if one party has more financial contribution to the account than the other, the Court would generally find that those assets are jointly possessed by the husband and wife.
8. 於離婚訴訟雙方是否一定平均分配家庭財產?Will the matrimonial properties be divided equally among both parties after divorce?
終審法院在LKW v DD (2010) 13 HKCFAR 537案中,按照《婚姻法律程序與財產條例》(第192章)第7條,詳細說明分配財產的考慮步驟。
首先,法庭須確定(截至聆訊日期計算)婚姻各方的經濟資源,包括雙方現在及將來相當可能的收入、謀生能力、財產及其他經濟來源。因此,雙方必須作出詳盡和坦白的披露。任何一方做不到這點便可能使法庭作出對其不利的推斷,並且決意斷定資產屬另一方所有。
然後,法庭須寬大、靈活地評估雙方的經濟需要、負擔及責任。當中,有關人士的年齡、健康情況、未來的謀生能力、家庭的生活水平、任何一方是否有殘疾等乃重要的指標。倘若第一步計算出的總資產不足以滿足雙方的需要,法庭則沒有條件進展到下述各步。
繼而,法庭運用分享原則,平均分割雙方的總資產。當法庭考慮配偶對婚姻作出的貢獻時,不會區分金錢上的貢獻和非金錢上的貢獻,以體現共同分享婚姻生活的公平性。不過,由於下述的因素,法庭最終較小機會決定平均分割。
接著,法庭會考慮有沒有充分理由不作出平均分割。法庭會就《婚姻法律程序與財產條例》第7(1)條(a)段至(g)段各項因素酌情給予不同的分量。某項資產的來源尤為重要。如果某項資產的來源顯示它是婚姻其中一方單獨作出的貢獻,而且另一方沒有作出相配的貢獻,則構成不依從平均分割原則的理由。
總結而言,法庭不會自動平分配偶的資產,而是須按個別案件的事實,經過法庭考慮後才能有最終決定。
In LKW v DD (2010) 13 HKCFAR 537, the Court of Final Appeal sets out the considerations for division of assets in detail, pursuant to section 7 of the Matrimonial Proceedings and Property Ordinance (Cap 192).
Firstly, the Court needs to ascertain (up to the hearing date) the financial resources of both parties, including the current and future potential income, capability and resources of each party. Therefore, both parties must make a full and frank disclosure of each party’s assets. Should it be discovered that this was not done an adverse inference could be drawn against the party failing to make full and frank disclosure.
Next, the Court should be lenient and flexible when assessing the financial needs, the burden and responsibility of both parties. The age of the relevant parties, the health condition, the future capability, the living standard of the family and whether any party is disable are important indicators. If the overall financial position calculated does not meet the needs of both parties, the Court then does not have basis to proceed to the steps below.
Nevertheless, the Court will employ a sharing principle, equally apportioning the overall assets of both parties. When the Court considers the spouses’ contribution to the marriage, it will not distinguish monetary contribution from non-monetary contribution in order to reflect the fairness of the sharing marriage life. Nevertheless, due to the factors explained below, the Court is less likely to equally apportion the assets.
Next, the Court will consider whether there is sufficient reason not to equally apportion the assets. Pursuant to section 7(1)(a) – (g) of the Matrimonial Proceedings and Property Ordinance, the Court will give weight to different considering factors. The source of asset is particularly important. If the source of a certain asset shows that it was solely contributed by either party to a marriage, and that the other party did not make a similar contribution, then it constitutes a reason for not following the principle of equal apportionment.
All in all, the Court will not automatically equally apportion the assets but exercise its discretion on a case-by-case basis in reaching a final conclusion.
首先,法庭須確定(截至聆訊日期計算)婚姻各方的經濟資源,包括雙方現在及將來相當可能的收入、謀生能力、財產及其他經濟來源。因此,雙方必須作出詳盡和坦白的披露。任何一方做不到這點便可能使法庭作出對其不利的推斷,並且決意斷定資產屬另一方所有。
然後,法庭須寬大、靈活地評估雙方的經濟需要、負擔及責任。當中,有關人士的年齡、健康情況、未來的謀生能力、家庭的生活水平、任何一方是否有殘疾等乃重要的指標。倘若第一步計算出的總資產不足以滿足雙方的需要,法庭則沒有條件進展到下述各步。
繼而,法庭運用分享原則,平均分割雙方的總資產。當法庭考慮配偶對婚姻作出的貢獻時,不會區分金錢上的貢獻和非金錢上的貢獻,以體現共同分享婚姻生活的公平性。不過,由於下述的因素,法庭最終較小機會決定平均分割。
接著,法庭會考慮有沒有充分理由不作出平均分割。法庭會就《婚姻法律程序與財產條例》第7(1)條(a)段至(g)段各項因素酌情給予不同的分量。某項資產的來源尤為重要。如果某項資產的來源顯示它是婚姻其中一方單獨作出的貢獻,而且另一方沒有作出相配的貢獻,則構成不依從平均分割原則的理由。
總結而言,法庭不會自動平分配偶的資產,而是須按個別案件的事實,經過法庭考慮後才能有最終決定。
In LKW v DD (2010) 13 HKCFAR 537, the Court of Final Appeal sets out the considerations for division of assets in detail, pursuant to section 7 of the Matrimonial Proceedings and Property Ordinance (Cap 192).
Firstly, the Court needs to ascertain (up to the hearing date) the financial resources of both parties, including the current and future potential income, capability and resources of each party. Therefore, both parties must make a full and frank disclosure of each party’s assets. Should it be discovered that this was not done an adverse inference could be drawn against the party failing to make full and frank disclosure.
Next, the Court should be lenient and flexible when assessing the financial needs, the burden and responsibility of both parties. The age of the relevant parties, the health condition, the future capability, the living standard of the family and whether any party is disable are important indicators. If the overall financial position calculated does not meet the needs of both parties, the Court then does not have basis to proceed to the steps below.
Nevertheless, the Court will employ a sharing principle, equally apportioning the overall assets of both parties. When the Court considers the spouses’ contribution to the marriage, it will not distinguish monetary contribution from non-monetary contribution in order to reflect the fairness of the sharing marriage life. Nevertheless, due to the factors explained below, the Court is less likely to equally apportion the assets.
Next, the Court will consider whether there is sufficient reason not to equally apportion the assets. Pursuant to section 7(1)(a) – (g) of the Matrimonial Proceedings and Property Ordinance, the Court will give weight to different considering factors. The source of asset is particularly important. If the source of a certain asset shows that it was solely contributed by either party to a marriage, and that the other party did not make a similar contribution, then it constitutes a reason for not following the principle of equal apportionment.
All in all, the Court will not automatically equally apportion the assets but exercise its discretion on a case-by-case basis in reaching a final conclusion.
9. 我提出離婚後,我的配偶馬上將財產轉移,我會否因此分不到他 / 她的財產?After I petition for divorce, my spouse immediately transfers away some of the family property. Will I be able to get my share of the property?
根據《婚姻法律程序與財產條例》(第192章)第17條,財產處置包括任何類型的財產轉讓、讓與或贈與(更改遺囑或其附件除外)。
如果配偶意圖令要求經濟給養的申索失敗,而即將作出任何財產處置,或即將轉移任何財產離開法庭的司法管轄權範圍,或即將以任何其他方式處理任何財產,另一方可向法庭提出申請,要求法庭命令制止配偶作出上述行為,又或可作出其他命令以保護該方的申索。
就現在情況而言,配偶已經懷有上述意圖,並做出了相應的財產處置。如法庭信納,該項財產處置的撤銷會讓申請人能夠獲批予經濟給養或不同的經濟給養,那麼法庭可以作出撤銷該項財產處置的命令,以及作出其認為是適宜的指示。你應該儘快尋求法律意見, 以保障自己的應有財產。
Pursuant to section 17 of the Matrimonial Proceedings and Property Ordinance (Cap 192), the disposition of property includes any conveyance, assurance or gift of property (apart from changing or amending of will or codicil).
If it is satisfied that the other party is, with the intention of defeating the claim for financial provision, about to make any disposition or to transfer out of the jurisdiction or otherwise deal with any property, the Court can make such order as it thinks fit for restraining the other party from so doing or otherwise for protecting the claim.
If your spouse has already possessed the above-mentioned intention and has done the relevant disposition of property, the Court can make an order to set aside the disposition of that property, and make directions as it thinks fit. You should seek legal advice ASAP in order to protect your interests.
如果配偶意圖令要求經濟給養的申索失敗,而即將作出任何財產處置,或即將轉移任何財產離開法庭的司法管轄權範圍,或即將以任何其他方式處理任何財產,另一方可向法庭提出申請,要求法庭命令制止配偶作出上述行為,又或可作出其他命令以保護該方的申索。
就現在情況而言,配偶已經懷有上述意圖,並做出了相應的財產處置。如法庭信納,該項財產處置的撤銷會讓申請人能夠獲批予經濟給養或不同的經濟給養,那麼法庭可以作出撤銷該項財產處置的命令,以及作出其認為是適宜的指示。你應該儘快尋求法律意見, 以保障自己的應有財產。
Pursuant to section 17 of the Matrimonial Proceedings and Property Ordinance (Cap 192), the disposition of property includes any conveyance, assurance or gift of property (apart from changing or amending of will or codicil).
If it is satisfied that the other party is, with the intention of defeating the claim for financial provision, about to make any disposition or to transfer out of the jurisdiction or otherwise deal with any property, the Court can make such order as it thinks fit for restraining the other party from so doing or otherwise for protecting the claim.
If your spouse has already possessed the above-mentioned intention and has done the relevant disposition of property, the Court can make an order to set aside the disposition of that property, and make directions as it thinks fit. You should seek legal advice ASAP in order to protect your interests.
10. 我想離婚,我應否尋求律師協助?Should I seek a lawyer’s assistance?
雖然家事法庭登記處的職員會盡可能在離婚程序上予以協助,不過他們並非律師,不能提供法律意見。
在提出離婚呈請書前,應先諮詢律師的意見,這樣會對雙方皆有幫助。在配偶不同意離婚,或雙方不能就子女或財務安排達成協議的情況下,律師的協助尤為重要。
Although the staff of the Family Court Registry will assist you in the divorce procedures, they are not lawyers and they cannot provide any legal advice.
It would be beneficial to both parties if you seek legal advice before petitioning. In the circumstance where your spouse does not agree to a divorce or when both parties cannot agree on the arrangements to be made for the children or on financial issues, the importance of seeking legal advice is particularly crucial.
在提出離婚呈請書前,應先諮詢律師的意見,這樣會對雙方皆有幫助。在配偶不同意離婚,或雙方不能就子女或財務安排達成協議的情況下,律師的協助尤為重要。
Although the staff of the Family Court Registry will assist you in the divorce procedures, they are not lawyers and they cannot provide any legal advice.
It would be beneficial to both parties if you seek legal advice before petitioning. In the circumstance where your spouse does not agree to a divorce or when both parties cannot agree on the arrangements to be made for the children or on financial issues, the importance of seeking legal advice is particularly crucial.
11. 我可否申請法律援助?Can I apply for Legal Aid?
可以,只要你要符合獲取法律援助的資格。你必須通過經濟審查及案情審查經濟審查。乃指你的可動用資產不得超過法定限額,目前的限額為港幣290,380元(2016年)。案情審查則指你須具備合理理據來提出訴訟或抗辯。
詳情可瀏覽法律援助署網站 http://www.lad.gov.hk/index.html
Yes. To be eligible for applying for legal aid, you must pass the financial means test and the case merits test. Financial means test means that your financial resources (disposable capital) do not exceed the financial eligibility limit. The current limit is HK$290,380 (for the year of 2016). Case merits test means that you are required to show that you have reasonable grounds for initiating or defending proceedings.
For more details, please visit the official webpage of the Legal Aid Department: http://www.lad.gov.hk/index.html
詳情可瀏覽法律援助署網站 http://www.lad.gov.hk/index.html
Yes. To be eligible for applying for legal aid, you must pass the financial means test and the case merits test. Financial means test means that your financial resources (disposable capital) do not exceed the financial eligibility limit. The current limit is HK$290,380 (for the year of 2016). Case merits test means that you are required to show that you have reasonable grounds for initiating or defending proceedings.
For more details, please visit the official webpage of the Legal Aid Department: http://www.lad.gov.hk/index.html
12. 吳建華律師行有處理離婚案件的律師嗎? Does Kevin Ng & Co., Solicitors have solicitors who can handle cases of divorce?
本行吳建華律師,黃吳潔華律師及孫文軒律師皆有處理離婚案件的經驗。請致電852-2545-8181本行職員查詢。
Our solicitors Mr. Kevin Ng, Mrs. Wong Ng Kit Wah Cecilia and Mr. Jacky Suen are experienced solicitors in divorce cases. Please contact our staff through telephone 852-2545-8181 for details.
Our solicitors Mr. Kevin Ng, Mrs. Wong Ng Kit Wah Cecilia and Mr. Jacky Suen are experienced solicitors in divorce cases. Please contact our staff through telephone 852-2545-8181 for details.