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Family Law
Separate representation of children in court proceedings in Hong Kong
At common law, children (in Hong Kong being persons below the age of 18 years old) do not have the capacity to initiate or participate in civil proceedings (Order 80 rule 2 of the Rules of the High Court (Cap. 4A)). However, family law proceedings…Read More
Joanne Brown is a Recommended Family and Divorce Lawyer in Hong Kong 2020 Doyle’s Guide
Partner Joanne Brown, Head of the Tanner De Witt Family Practice, is recommended as one of only twenty other leading Hong Kong Family and Divorce lawyers by Doyle’s Guide 2020. To reach Joanne, please find her contact information here: Joanne BrownPartner | E-mail About Joanne Joanne…Read More
Family Violence and COVID-19 – what to do about family violence while isolated at home
As a result of the COVID-19 pandemic and in observance of recommendations made by the World Health Organisation (“WHO”) and governments around the world billions of people are under mandatory quarantine or isolation, or are self-quarantining or self-isolating at home to stem the tide of…Read More
To Will or not to Will
The matter of preparing a will is deeply personal and one that many individuals postpone until they are well into their years. Often we are asked when an individual should have a will in place. Taking a moderate approach, any person who is married (with…Read More
Relocation applications: I want to relocate permanently from Hong Kong with my children but my former spouse will not consent
There comes a time for many when it is time to bid a fond farewell to Hong Kong. For divorced families, this can be problematic as orders on children’s arrangements will usually include a direction that a child may not be removed from Hong Kong…Read More
Inland Revenue Department confirms same sex marriages recognised as valid for stamp duty purposes
Following enquiries from its members the Law Society on 10 March 2020 received confirmation from the Inland Revenue Department (“IRD”) that same sex marriages will be recognised by the IRD as valid marriages for the purposes of the Stamp Duty Ordinance (Cap. 117). Same sex…Read More
Should I get a divorce? The legal and financial implications behind remaining married but separated
Making the decision to divorce is often not an easy one. There are many reasons why married couples may opt to separate rather than progress legal proceedings to divorce. Whether it is for religious reasons, a desire to maintain the status quo and a family…Read More
Recognition of Paternity in Hong Kong
Under Hong Kong family law, a man is presumed to be the biological father of a child if he is married to the woman who gave birth to the child. As this circumstance accounts only for some of the circumstances of the birth of a…Read More
Hong Kong’s High Court rules Government’s discrimination against same-sex couples in public housing policy unconstitutional
In a decision handed down today the High Court has ruled that the Hong Kong Housing Authority (“HA”)’s exclusion of same-sex couples from eligibility for public housing as “Ordinary Families” is unlawful and unconstitutional. Background Applications to the HA for public housing are available to…Read More
Considerations for parents when planning travel with children during the COVID-19 outbreak
Closure of schools and public spaces The Hong Kong Education Bureau has announced that all schools in Hong Kong are to remain closed until at least 16 March 2020 in consideration of the ongoing public health concerns related to the outbreak of the novel coronavirus…Read More
Sharenting – risks and tips to sharing information about your children online
What is Sharenting? Sharenting is the phenomenon where parents (over)share information, usually pictures of children, on the internet. The act itself is so prevalent that it is now a term defined in the Collins English Dictionary as “the habitual use of social media to share…Read More
Legal update: MK v Government of HKSAR – High Court holds marriage does not extend to same sex couples
The Hong Kong courts have had much cause to consider equality rights in a number of cases in the past two years, particularly in respect of the recognition of same sex rights in Hong Kong. The Court of Final Appeal (CFA) has recently handed down…Read More
