Matrimonial Law

23Jul2020

Tanner De Witt’s family lawyers attend HKFLA talk on surrogacy and legal parenthood

On 20 July 2020, members of Tanner De Witt’s Family Law Department attended a talk on ‘Surrogacy and Legal Parenthood: Latest Developments in Hong Kong’ organised by the Hong Kong Family Law Association (“HKFLA”).  The members’ talk was presented by Mr. Hectar Pun SC and…Read More

11May2020

Benchmark Litigation again ranks Tanner De Witt highly, listing twice as many practice groups as previous rankings

Partners Ian De Witt, Robin Darton and Jeff Lane were also selected as “Litigation Stars” in dispute resolution Tanner De Witt is delighted to be ranked Tier 1 for Insolvency, Tier 2 for Commercial and Transactions, Recommended in Private client – Domestic firms, and recognised…Read More

21Apr2020

Can the novel coronavirus form a defence to international child abduction?

An interesting decision is now available in respect of a child removed by her mother from Spain, her place of habitual residence and the subsequent application by her father for her return brought under legislation incorporating the Convention on the Civil Aspects of International Child…Read More

03Apr2020

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

31Mar2020

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

23Mar2020

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

17Mar2020

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

13Mar2020

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

06Mar2020

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

04Mar2020

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

20Feb2020

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

20Feb2020

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