Certain rights available to each party as a spouse, such as benefits under a former spouse’s life insurance, social security benefits, taxation exemption, any testamentary gift to a former spouse or benefits under a family trust, may be affected upon divorce; but parents retain parental responsibility on divorce and both the father and the mother are obliged to provide their children with financial support. You should therefore seek proper advice before getting divorced.
In general, child custody refers to a court order for care and control over the child. The parent who is given custody after divorce shall be responsible for the daily care of the child and for making routine everyday decisions about his or her welfare. Joint custody may also be given. In order to give a child maximum stability, in practice, it is usually in the interests of a child for the child to live in one parent’s home and to visit the other parent on a regular basis.
Joint custody is now generally encouraged as it is considered good for parents to realize that they both have a responsibility towards their child and their parental duties do not cease on the breakdown of the marriage. However, parties must reach consensus and cooperate with each other for satisfactory matrimonial arrangements.
Our Firm advise on all aspects of family and matrimonial matters including:
- Separation agreement/ Deed of Separation
- Divorce and judicial separation
- Custody and visiting access to child
- Maintenance and division of property between spouses and for children
- Guardianship of minors
- Injunctions to protect and/or preserve property
- Mediation
Selected cases
- 林 對 容 [2021] HKFC 52 Matrimonial home was sold and the proceeds divided between the parties
- 黃 對 何 [2018] HKFC 193 Custody of client’s young children was awarded to him
- CHOW HAR 對 CHOW CHEUK YIN DCCJ 3553/2015 Dispute over estate