Maintenance and property arrangements

What are the factors considered by the court when dealing with spousal maintenance and division of property?

If an agreement is reached through mediation and submitted to court, the judge is likely to issue an order in accordance with the agreement between the parties if the terms of the agreement are considered reasonable.

If the parties cannot reach an agreement, they will have to go through financial dispute resolution process; and to disclose all assets, income and expenditure to the court. The court will then generally consider the following matters to determine the arrangement and amount of spousal maintenance:

(a) The earning capacity and assets owned by both parties
(b) Financial needs and burdens of both parties
(c) Standard of living before the marriage broke up
(d) Age of both parties and length of marriage
(e) Mental or physical health condition
(f) Contribution of both parties to the welfare of the family
(g) Benefits lost by both parties due to divorce

To learn more about the legal responsibilities, rights, and resources related to divorce, please click to download the "Booklet on Divorce & Maintenance" at http://mediationcentrehk.org/l/maintenance-booklet-en

Source: Mediation Centre

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