In terms of stressful life events, divorce undoubtedly figures in the top three. At OLN, we pride ourselves on the ability to work with clients through emotional and financial upheavals and to minimise its adverse effect on the parties, the children and the finances.
Hong Kong raises specific issues requiring a great deal of skill and resourcefulness in matrimonial matters as international elements feature prominently here. Whether because the husband or wife hail from different countries or because their joint property and assets are held outside of Hong Kong, this international element has now become the norm. With offshore companies, overseas properties, conflicting laws, international custody issues and schooling, it is now more critical than ever for clients to feel that their lawyer is a lawyer familiar with every aspect of their matrimonial situation.
OLN’s highly regarded Divorce and Family Law practice is headed by Stephen Peaker and was set up when he joined the Firm in 2000. The Practice quickly expanded with the addition of Paul Firmin in 2002 and Pamy Kuo in 2006.
All of the Divorce and Family Law team are members of the Hong Kong Family Law Association (Stephen was former Vice-Chairman) and in accordance with the HKFLA’s Code of Conduct are committed to a conciliatory and constructive approach, rather than a hostile or confrontational one. Stephen is a Fellow of the International Academy of Family Lawyers (IAFL), an Associate Member of Resolution in the UK, a member of The Family Law Section, Law Council of Australia and the Hong Kong Collaborative Practice Group.
OLN’s Divorce and Family Law practice has access to the top matrimonial lawyers worldwide through the IAFL, access to the top matrimonial lawyers in the UK through Resolution and access to the top matrimonial lawyers in Australia. We have available the assistance of colleagues in the Firm’s Commercial and Litigation Department and through our membership of Globalaw®, access to major law firms in most cities worldwide.
OLN advises on many matrimonial disputes involving complex financial structures, in particular with relation to timing of various international matrimonial applications, the core issues of financial settlements and the tax implications in different jurisdictions, in particular the choice of country in which divorce proceedings can be filed.
Prenuptial and Post-Nuptial Agreements
We are increasingly consulted in respect of Prenuptial and Post-Nuptial Agreements involving substantial assets and can advise on the choice of jurisdiction and the applicable law most appropriate to facilitate the enforceability of such agreements.
OLN advises on all aspects of children cases with particular experience of applications to remove children temporarily or permanently from Hong Kong, preventing wrongful removal of children from Hong Kong and obtaining the return to Hong Kong of children who have been wrongfully removed.
Members of the Divorce and Family Law practice are admitted in Hong Kong, UK and USA and have expertise and a wealth of experience in many areas touching on family law, including:
Financial Orders following divorce
International Finance Cases
Tax and Immigration Issues consequent on divorce
Pre-Nuptial and Post-Nuptial Agreements
Collaborative Law Agreements
Divorce, Judicial Separation, Nullity and Annulment
Disputes involving children
Child removal and Child Abduction Cases
Disputes between unmarried partners relating to children or money