Jocelyn Tsao

Partner | Hong Kong


Secretary Elaine Ho

Jocelyn is the Head of the Family Law team of Withers Hong Kong and is the managing director of the Hong Kong office. As one of the leading divorce and family lawyers in Hong Kong with over 18 years of experience, Jocelyn advises on high net worth divorces and complex family law matters.

A Hong Kong divorce lawyer with over 18 years' experience

Jocelyn advises on all aspects of matrimonial law, including divorce, separation, prenuptial agreements, asset division, child care and custody, and both international and cross-border divorces that involve complex financial disputes. She advises husbands, wives and unmarried partners and is an experienced advocate in the Hong Kong courts as well as a seasoned negotiator in mediations.


High-profile family law cases in Hong Kong 

Jocelyn has been involved in a number of high-profile divorce cases in Hong Kong, acting for high net-worth individuals with diverse and complex financial issues. Her work includes advising on family wealth planning and protection, matters involving trusts and corporate structures, and applications for injunctive relief arising in a family law context.

She also advised on two landmark cases before the Hong Kong High Court, resulting in a big victory for the LGBTQ+ community through the grant of equal parental rights to same-sex partners.

 

Cross-border divorce experience

Jocelyn also has experience advising on cross-jurisdictional divorce issues, which require coordination with overseas solicitors and experts, alongside leading counsel in Hong Kong and other countries.

Jocelyn is experienced with divorce cases involving disputes on beneficial ownership of assets, asset dissipation, valuation of assets, and the division and preservation of assets.

 

Children, custody and relocation

Her recent cases have included issues of jurisdiction and financial discovery with a few notable cases involving well-known families in Hong Kong.

Jocelyn is passionate about cases involving children’s interests, custody, care and control, and has successfully acted in a number of child relocation matters, with expertise in Hague Convention child abduction cases before the Hong Kong High Court.


Achievements

Jocelyn has been recognised as one of the Top 100 Women in Litigation 2025 by Benchmark Litigation Asia-Pacific. She is also recognised as a Recommended Lawyer in Doyle’s Hong Kong Family & Divorce Lawyers Ranking from 2020-2023, and as a Leading Lawyer in 2024 and 2026. She is rated as a Future Star in Benchmark Litigation in the practice areas of Family and Matrimonial for 3 consecutive years (2020-2022) and as a Litigation Star from 2023-2026.

She is also ranked in Chambers and Partners' Greater China Region from 2021-2026, and in Chambers HNW in 2024 and 2025. She's named as Next generation partner in Legal 500 in 2023 - 2025, the Visionaries in China Business Law Journal's The A-List from 2023-2026, the Young Lawyer of the Year (Law Firm) at the ALB Hong Kong Law Awards 2022, and was listed as Asia’s top 40 lawyers under the age of 40 by ALB in 2022.
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Me in a minute

People often say they have Monday blues, but I never feel that way. I love what I do.

I knew I did not want to focus on any area of law but family law right from the beginning. I started straight off working as a trainee in a firm specialising only in family law before I joined Withers. People often say they have Monday blues, but I never feel that way. I love what I do.

Track record

HK1.4bn award

Advised a very high profile client when she achieved the largest ever award from a court in Hong Kong, namely HK$1.4 billion. This case involved issues relating to s17 applications as well as consideration as to whether or not shares in a business of considerable valuable should form part of the marital assets. It also considered the impact of corporate documents in the context of divorce following the landmark Supreme Court decision in England of Prest v Petrodel. This matter subsequently went to the Court of Appeal and was reported as TCWF v LKKS (No. 1) [2014] HKFLR 1; [2014] 1 HKLRD 896.

Complex case involving wealthy family

Responsible for a complex case involving a wealthy family in Hong Kong in particular successfully applying for detailed specific discovery and running a preliminary case to determine beneficial ownership: LCJWY v LCKS [2015] HKEC 1403 and [2016] HKEC 789.

Family case

Acted for the applicant in a highly acrimonious case involving custody, care and control and access on the issue of custody, care and control, and access. She successfully secured sole custody, care and control and restricted access to the father, with costs. Represented and advised client against the father's false criminal allegations of child abuse: CCAIH and CGCL FCMP122/2013.

Family dispute

Acted for the wife to the Court of Appeal on the main suit. The husband filed a stay summons on the wife's petition on the ground of forum non-conveniens, claiming that the South Korean Family Court was the more appropriate forum. The husband also filed an application to seek leave to file an amended answer and cross-petition. The Court of Appeal dismissed the husband's stay summons. Jocelyn worked with senior counsel from the UK and lawyers from Korea: SJH and RJH CACV 280/2011 [2012] 3 HKC.

Family case

Jocelyn acted in one of the first cases under Section 29AC of the MPPO. Wife sought financial relief from the Hong Kong Court on a divorce already finalised in Macau. The key question in the case was whether the applicant could prove her substantial connection with Hong Kong so that the Hong Kong courts would have jurisdiction to hear the matter: CMC and WPM FCMP59/2012 [2012] HKEC 1257.

Talks

  • 'Asset protection when it comes to matrimonial law', An international private bank, March 2026
  • 'Holistic Planning for Family: From Foreign beneficiaries (US) to Hong Kong Family Law', A leading Swiss private bank, March 2025
  • 'Unlocking financial independence for women', Women In Law Hong Kong (WILHK), June 2025
  • 'Planning for tomorrow: safeguarding your legacy', Asia Bankers Club, June 2025
  • 'Securing your future abroad: Financial resilience for families and dependent visa holders', A private international school, October 2025
  • 'Divorce proceedings in Hong Kong, whilst protecting one's financial interest', Female Entrepreneurs Worldwide, November 2025
  • 'Private Wealth Symposium on family law issues', A leading financial services group in Asia, May 2024
  • '婚前事?婚後事? Here's To Forever and Always', AIG, June 2024
  • 'Beyond "I do", and upon "I don't" – Everything you need to know about prenuptial agreements and divorces', 100 Women in Finance, September 2024
  • 'LGBTQ+, highlighting the importance of Wills and the legal challenges faced by rainbow families', An American multinational financial services institution, October 2024
  • 'A Risk Management Mindset for Wealth Preservation', A private bank in Asia, October 2024

Insight

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Prenuptial and postnuptial agreements are now more widely used and accepted around the world as couples enter into marriage. We show the position in California, the UK, Singapore and Hong Kong, and why it’s important to have joined up, global advice.

External publications

  • 'Dealing with business interests in divorce settlements - How does it work in Hong Kong?' - June 2022, co-author

  • 'Enforcement and recognition of matrimonial orders between Hong Kong and the Mainland', Feb 2022, co-author

  • 'Parental choices over vaccinations and how it relates to custody in Hong Kong'- Jan 2022, co-author

  • 'Parental rights for same-sex partners in Hong Kong and Singapore', Dec 2021, co-author

  • 'Parental rights of unmarried fathers in Hong Kong' - July 2021, author

  • 'Hong Kong: Parental rights for same-sex partners' - June 2021, co-author

  • ‘Why Mediation Should be Used to Resolve Child Custody Disputes in Hong Kong', Hong Kong Lawyer - January 2020, co-author

  • 'Why splitting assets down the middle may not be fair in some divorce cases', SCMP - October 2013

  • 'International Aspects of Child Abduction in Asia Pacific', IAML - 2013

Admissions

  • Hong Kong, 2009


Education

  • University of Hong Kong, LLB, PCLL


Languages

  • Cantonese
  • English
  • Mandarin

Memberships

  • Hong Kong Family Law Association
  • Law Society of Hong Kong
  • International Academy of Family Lawyers

Key dates

  • Year joined: 2012