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One of the most important family law decisions that came out in the past 2 years is the Court of Final Appeal's judgment in November 2010 of LKW v DD (2010) 13 HKCFAR 537 which confirms the equal division approach in matrimonial finance upon divorce. The underlining principle that the Court of Final Appeal adopts is to ensure fairness between the parties which means that any role or gender discrimination is to be refuted. The yardstick of equal division or equal sharing principle will only be departed for good reasons. In that case the Court of Final Appeal affirmed the Court of Appeal's decision of dividing the matrimonial assets on a 50/50 basis.
By Hon Mr Justice Cheung JA, Court of Appeal, Hong Kong
The full version of this article appears in the March 2013 issue of International Family Law.
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