Rita Ku

Partner

  • Education: The University of Hong Kong,
  • Admitted: Hong Kong, 2002
  • Languages spoken: Cantonese • Mandarin
  • Year joined: 2010
  • Year became partner: 2012

Overview

Rita has experience in a wide spectrum of areas of family law, and represents husbands and wives in disputes concerning divorce, children and ancillary relief. 

Rita has particular expertise in: 

  • Wealth Preservation for UHNWIs – experienced in preparing Prenuptial and Postnuptial Agreements and advising on trusts set up in the context of matrimonial perspectives for assets planning and to minimize the risk to family wealth posed by divorce proceedings. Rita has extensive expertise in assisting individuals and their families as a whole to make plans before they or their children are to marry or when they are considering succession issues and plan to pass their wealth to the next generation. 
  • Trust litigation – Rita represented an UHNWI client in her fight against the Trustee in divorce proceedings and ultimately successfully negotiated with the Trustee for settlement. 
  • Collaborative Practitioner – Rita is a qualified collaborative practitioner and regularly attends mediations to accompany her clients to assist in finding a settlement.
  • Children's cases – Rita has dealt with a number of high profile cases involving children, in particular dealing with a controversial removal case before the Court of Appeal between Hong Kong and Singapore LN v SCCM [2013] HKFLR 358 and custody battle in ML v YJ [2010] HKEC 1924. 

As a result of the mega cases in which she is involved, Rita is used to working in a team, in an efficient manner, to collaborate the efforts with accountants, counsel both in HK and overseas, and lawyers who have different expertise to make the best case for her clients. She is known to be responsive, reasonable and to give pragmatic and candid advice to clients. 

Highlights

  • Forum and jurisdiction argument –– acting for the husband in a big money case involving a conflict in jurisdiction between Hong Kong and the PRC, successfully staying the Wife's Hong Kong petition. This Court of Final Appeal case led to a change in the law in HK and an introduction of new legislation to allow a party who had a divorce in another jurisdiction to seek a financial remedy in Hong Kong where applicable. This measure was to protect those who would be unfairly prejudiced by an overseas divorce. ML v YJ (Forum) [2011] HKFLR 179 
  • Expertise in cross border issues, particularly in cases involving the PRC – leading the team in cases involving complicated legal argument and third parties' interests in assets both in HK, PRC and overseas. [ CL v ZRC [2015] HKEC 1646 and LS v AD [2012] HKEC 1395   ] Acting for interveners to protect their interests in divorce proceedings. These cases often involve parents to one of the parties who have the beneficial ownership in property in the name of their child) DX v LN FCMC 7870 of 2014
  • Complicated financial disputes – Rita acted for a client in one of the most complicated cases which involved multiple third parties in the proceedings, offshore trusts and millions of assets worldwide [H v W [2014] HKEC 955] This case involved co-ordinating leading counsel from Hong Kong and London as well as a team of accountants in Hong Kong
  • Rita obtained the highest award ever for interim maintenance. This case is an ultra-high net worth case involving complicated company structures and assets worldwide. As part of these proceedings she had to fly to the Cayman Islands for the client to successfully seek an order for discovery against third parties.[ HJFG v KCY [2012] 1 HKLRD 95]
  • Acting for a UHNWI [ successfully defended the wife's case on discovery to limit the disclosure to a reasonable level for the proper management of the case
  • W v H [2008] HKEC 766 – the first big money case applying the principle of DD v LKW in HK 

Publications and speaking engagements

  • CPD presenter on divorce issues
  • Co-author, Why Hong Kong child custody reform faces more delay despite lawyers' support, South China Morning Post, 30 June 2016 
  • Author, How to prepare prenuptial agreement《如何準備婚前協議?》, TOPick news of Hong Kong Economic Times, 6 July 2016
  • Co-author, Why Hong Kong career women marry men from China ... and where to divorce them, South China Morning Post, 11 May 2016
  • Author, Wedding abroad case studies – legal implication on asset allocation 《海外註冊夫妻實例 離婚後不獲贍養費》, TOPick news of Hong Kong Economic Times , 4 February 2016
  • Author, Necessary steps newly-weds should take in Hong Kong upon return from destination wedding 《新婚夫婦海外註冊後 回港必做的事》, TOPick news of Hong Kong Economic Times, 3 February 2016
  • Author, The perfect wedding: are you married yet? 《完美的婚禮:但你是否 「結婚」了?》, TOPick news of Hong Kong Economic Times, 2 February 2016
  • Speaker, Succession Planning for Family Businesses and High Net Worth Clients, Courses & Seminars, 21 May 2015
  • Panelist, Lecture on Cross-Border Family Cases, Shenzhen Lawyers Association, 15 May 2015
  • Author, How to secure your assets when divorcing with your wealthy husband? 《嫁個有錢人 離婚怎保物業?》, Hong Kong Economic Times, 24 April 2015
  • Panelist, Roundtable discussion on cohabitation, IAML European Chapter Conference 2015, 27 March 2015
  • Speaker, Preserving Family Wealth and Legacy Across Generation (Trust/Taxes/ Foundations), HKUST-Campden IPI Wealth Management Program, 16-19 June 2014
  • Co-presenter, Handling of Cross Border Divorce, LexOmnibus, 1 April 2014
  • Co-author, Legal Eye: how to lessen the impact of divorce on children, South China Morning Post, 18 February 2014
  • Co-presenter, Handling of Cross Border Divorce, LexOmnibus, 1 April 2014
  • Author, Legal Eye: Beijing or Hong Kon - where is best to divorce?, South China Morning Post, 16 April 2013
  • Author, Legal Eye: sole child custody- five points you should know, South China Morning Post, 19 March 2013Co-presenter, Different Treatments about Children's Issues between Hong Kong and PRC, The 6th World Congress on Family Law and Children's Right, 17-20 March 2013  

Memberships

  • Hong Kong Family Law Association
  • Member of Hong Kong Collaborative Practice Group
  • International Academy of Family Lawyers, IAFL (formerly IAML) 
  • Sub-committee of the Hague Convention committee of the International Academy of Family Lawyers, IAFL (formerly IAML) 
  • Law Society of Hong Kong

On a personal note

Rita is married with two children and she spends most of her time, after work, with her family, the best way for her to relax.

   

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