Family Justice Courts Case Highlights

Where a sale of property is concerned, the market conditions of the day are significant. Although parties may sometimes agree that a sale be deferred to a later date when the value of the matrimonial asset might be higher, unless they had agreed to a floating value, they may not be bound to a fixed value when that value had changed beyond the date that they were reasonably expected to complete the transfer.

Section 69 of the Women’s Charter 1961 is not intended to be used by a child after he has reached adult status and is independent. While parents have a duty to maintain their child, it does not mean that they have to pay for all the expenses of the child’s education.

A party cannot be said to have neglected to provide maintenance if one has provided a reasonable lump sum of money for one’s spouse and children. The lump sum should be used for reasonable daily expenses, which includes rent for reasonable accommodation, but must be accounted for.

A maintenance order should not be made under s 69 of the Women’s Charter (Cap 353, 2009 Rev Ed) unless it has been shown that the respondent has neglected to provide maintenance.

In an application for maintenance, the law does not require that every specific item of expense be proved by receipts or assessed on specific values, as if on a reimbursement exercise.

Under s 70 of the Women’s Charter (Cap 353, 1997 Rev Ed), a non-biological parent may be required to provide child maintenance if that parent has voluntarily assumed parental responsibility and it appears that in fact the child has not been adequately maintained by his or her biological or adoptive parents.