FCMC 12540/2022

[2025] HKFC 11

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MATRIMONIAL CAUSES

NO. 12540 OF 2022

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Judgment
(Main Suit)

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1. In this Judgment, I will refer to the Petitioner-Husband as “ H ”, and the Respondent-Wife as “ W ”.

2. This is the trial of H’s petition for divorce.

A. BACKGROUND

3. Parties were married in 1984. No child was born from the marriage.

4. During the mid- 1980s, Parties moved to Hong Kong. In or about 1993, Parties established a business in the food and beverage industry (“ MFCL ”). Both Parties are directors and shareholders in MFCL, and both assume their respective positions there. Throughout the years, the business of MFCL thrived and, according to Parties’ Form Es, enabled Parties to attain considerable wealth over the years.

5. In or about 2008, Parties acquired House 9. There is no dispute that since acquisition until, at least, the presentation of the Petition herein, House 9 served as Parties’ home. Throughout the Proceedings, H appeared to take issue with the definition of House 9 as the “ Matrimonial Home ”. Whilst this is not fully understood, to maintain neutrality, I shall refer to House 9 as “ House 9 ” in this Judgment.

6. According to Parties’ Form E, the purchase price of House 9 was HK$45,000,000. House 9 is held through a corporate vehicle (“ SBL ”), in which Parties are shareholders.

7. In or about 2018, House 9 underwent, in the words of W, a “ grand renovation ” (「豪裝」) to the tune of HK$12 million. During renovation, Parties moved out to a temporary residence (the “ Temporary Residence ”). These issues will be further elaborated and analysed hereinbelow.

8. H moved out of House 9 on 28 July 2023. This is post- Petition. Since then, H has lived at a rented apartment in North Point, with rent at HK$10,000 per month.

9. On 22 December 2022, H issued a Petition for divorce based on 2-years’ separation. H’s pleaded case is that Parties had separated “ since about late 2016 ”, i.e. more than 2 years before the presentation of Petition for divorce.

10. By H’s Amended Petition filed on 18 August 2023 (the “ Amended Petition ”), the date of separation was amended to “ since about November 2020 ”. November 2020 is just over 2-years prior to the presentation of the Petition.

11. By Summons dated 10 October 2024, H sought leave