There are many reasons to a breakdown of marriage: adultery, domestic violence, couple growing apart, children’s upbringing or conflict between husband and wife. Some would rather endure the pain in the marriage for a long duration for the greater good of their children. In a divorce, it has to be proven to the court that the marriage has irretrievably broken down, meaning that you are unable or unwilling to carry on living with your spouse. To explain to the court, one of the five ‘facts’ needs to be established which are adultery, unreasonable behaviour, one-year separation with spouse’s consent, two-year separation and desertion. No matter what, you would have to encounter legal and financial issues, and issues you come across after separation. If your financial position does not allow you to hire a lawyer, you may consider applying for Legal Aid while Ms. Ngan is a family lawyer on the Legal Aid Department’s solicitor panel. For financial issues, our aim is for both parties to come to an agreement. If an agreement cannot be reached, court proceedings could be held for a decision to be made by the court for issues regarding maintenance, matrimonial properties and the matrimonial home. After the breakdown of the marriage, the most important issue is children’s care and custody. Nowadays, it is not uncommon to consider immigration. Relocating children abroad after divorce is also a legal issue as it would greatly affect the visitation rights of the other parent. During a divorce, it is normal to have hard feelings which may affect your judgment and your emotions may be troubled after receiving the divorce petition from your spouse. A divorce lawyer would be able to provide you with the most suitable and rational legal advice and we could professionally manage the legal procedures for you.
In addition to retirement, financial preparation is also required for divorce. Divorce could lead to a major change to your financial position. Especially for stay-at-home parents without a stable income for a long period, it is necessary to clarify the economic relief issue. Furthermore, housing arrangement after divorce is also a common issue in Hong Kong, particularly in situations where the couple was cohabiting in public housing or property under the name of one of the spouse’s parents. Apart from the divorce proceedings, there are also other practical considerations in life where we would be able to assist you with professional legal advice to resolve the uncertainties.
No matter if you are planning on applying for a divorce (as a petitioner) or have just received a divorce petition ( as a respondent), please feel free to contact Mr Lam by Whatsapp or call on 69776708 for professional consultation fee enquiries and making appointments for legal consultation (ie. Preparing for separation [notice of separation or deed of separation], matrimonial properties [issues of property transfer before divorce], matrimonial home [avoidance of unilateral sale], arrangement of children, alimony negotiation, other related matters), to preserve your rights and interests before signing any legal documents or making agreements. Please be mindful that no couple is the same, so it is not possible to generalise situations. A brief chat would not be sufficient to allow us to explain the situation in detail. Similar to health issues, instead of avoiding the problems that we are facing, we advise you to make an appointment with us so we would be able to provide you with a deeper understanding to your legal issues with the help of our comprehensive legal analysis and advice.
Ms. Ngan is a registered lawyer for Legal Aid Department lawyer panel, with the expertise in criminal law, family law, employee compensation, personal injury, medical negligence, and land disputes. She has previously taken part in cases relating to the Hague Convention on the Abduction of Children, involving parents abducting children to move abroad. She also advised clients on newly established or broken down marriages, drafting and negotiating pre and post-nuptial agreements, deed of separation and divorce agreements, removal of names of non-biological father on birth certificates, applying for nullification of marriage, divorce application for unreasonable behaviour, validity of enduring power of attorney litigations, guardianship application for mentally incapacitated persons, debt-related legal advice, employee breach of fiduciary duty cases, application for dependant passports, transfer of companies, shares and properties, transfer of businesses and due diligence check, construction mortgage, re-mortgage for House Ownership Scheme/Private Sector Participation Scheme without paying premium, handling estate undertakings and disputes for citizens who passed away outside of Hong Kong, adverse possession, cases related to ICAC, the Immigration Department, police investigations, traffic offences cases, criminal defences and pleas, will drafting, civil litigations and debt claims.
If necessary, you can also apply for legal aid. Ms. Ngan is a member of the lawyers at the Legal Aid Department for Criminal, Divorce/Family Law, Employees’ Compensation, Personal Injury, Medical Negligence, and Land Disputes. If legal aid is approved, the aided person has the right to choose a lawyer to represent.