Assets held by Hong Kong couples at the time of their divorce will be split evenly from now on - regardless of who brought them into the union - unless there are exceptional circumstances, the Court of Appeal ruled yesterday.
The principle applied even when the assets brought into the marriage plainly exceeded what was needed to ensure the continued comfort of all parties, a three-judge panel said.
Hong Kong's marital laws are almost exact copies of those in England and Wales. However, until now the city's courts have not followed a landmark House of Lords judgment made eight years ago about the division of assets in a divorce. Yesterday's decision remedies that.
Mr Justice Peter Cheung Chak-yau, Madam Justice Maria Yuen Ka-ning and Mr Justice Johnson Lam Man-hon said the development of the law in England and Wales, while no longer binding on the city as it was before the handover, could not be ignored.
'One cannot see any discernible difference in the social and economic context of these two places which may justify a retention of the former matrimonial practice,' Mr Justice Cheung said.
Until now, Hong Kong courts have assessed what the 'reasonable requirements' of the spouses are and divided the assets accordingly; leftover assets have then been awarded to the breadwinner, usually the husband.
However, the court said this approach was outdated given that society's view of marriage had changed.
