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Financial claims upon divorce in Hong Kong

21 October 2019 | 2 minute watch

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Financial claims upon divorce in Hong Kong
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Financial claims upon divorce in Hong Kong

Note: We have provided a transcript of the video if you are unable to listen to the audio. This transcript is generated using a combination of speech recognition software and human transcribers and may contain errors.

Unfortunately if a couple splits up and they are not married, there is no financial claim against your partner. There is a misconception that if a couple is together for a long period of time that there could be the potential to make a claim, but that is wrong. Having said that, there are a few exceptions.

The first one, usually the mother, can claim for carer's allowance. If the mother has to take care of a child, she can make a claim for allowance because she had to spend time to take care of the child and therefore she would lose making as much money as if she didn't have to care for the kid. The second exception is that any child can make an application against a parent for maintenance. Normally because the child is a minor, their application would be made by a parent against the other parent. The third exception being a dependent can potentially make an application for financial provision against the partner who may have just passed away. That application must have been made within 6 months after the grant of probate.

Sorting out financial claims is often the most daunting task for any couple when going through a separation. It is important to know your right and to seek legal advice earlier rather than later. Billy explores the possibility of the provision of a claim.

Note: We have provided a transcript of the video if you are unable to listen to the audio. This transcript is generated using a combination of speech recognition software and human transcribers and may contain errors.

Unfortunately if a couple splits up and they are not married, there is no financial claim against your partner. There is a misconception that if a couple is together for a long period of time that there could be the potential to make a claim, but that is wrong. Having said that, there are a few exceptions.

The first one, usually the mother, can claim for carer's allowance. If the mother has to take care of a child, she can make a claim for allowance because she had to spend time to take care of the child and therefore she would lose making as much money as if she didn't have to care for the kid. The second exception is that any child can make an application against a parent for maintenance. Normally because the child is a minor, their application would be made by a parent against the other parent. The third exception being a dependent can potentially make an application for financial provision against the partner who may have just passed away. That application must have been made within 6 months after the grant of probate.

This document (and any information accessed through links in this document) is provided for information purposes only and does not constitute legal advice. Professional legal advice should be obtained before taking or refraining from any action as a result of the contents of this document.

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