Family Law and Matrimonial Practice – Assignment Questions

Lawrence and Lily married for 6 years with one son and one daughter age 8 and 3 respectively. The son was born to Lily’s previous marriage.

Lawrence runs a successful logistic company in Aberdeen, South of Hong Kong Island. They live in a flat in the same area under the sole name of Lawrence which worth around HK$8 million. Lawrence also owns two office flats and a warehouse. One office and the warehouse are for running his business while the other office flat is rented for rental income. All the properties are under mortgage with each having a net market value of about HK$6 million.

Lily was a nurse before married to Lawrence but gave up her nursing career to bring up the children. The failure of her last marriage was she fell in love with Lawrence while still married. So she divorced her husband and married Lawrence.

Recently she suspected that Lawrence may have an affair with his secretary. About three months earlier she overheard Lawrence telephone talking with the supposed secretary. Lawrence said, “I can barely wait coming back to the office to be with you. It was so wonderful every minute staying with you. I love you.” She confronted with Lawrence whether he was having an affair with the secretary but was denied.

Ever since then Lily began to ask questions about the alleged adulterer. She called to his office every 10 to 15 minutes just to make sure Lawrence is not doing anything out of the ordinary. Beginning form three weeks earlier she even come to the office everyday scolding the secretary, distributing printings talking about how adultery is harmful to harmony of family life. She also keeps sending e-mails and whatsapps to Lawrence and all the company as well as personal accounts of the staffs that she knew asking for information about Lawrence’s alleged adultery.

Lawrence asks your advice to stop Lily from keep coming to his office and sending e-mails and whatsapps to him, the company and that of the staffs disturbing the business. Lawrence also considers taking a divorce action.

• Advise Lawrence on how to stop Lily from doing all these actions.

• Discuss if Lawrence can petition for a divorce from Lily and on what facts can he rely upon?

• Explain to Lawrence the divorce procedure to be followed in a divorce petition.

• Who will probably have the custody in respect of the 2 children and what factors will the court take into account when making custody orders in this respect?

• In light of of DD v LKW advice Lawrence what financial orders the court might make, and what factors will be taken into account by the court with regard to the spouse and the children.