|(Webinar via ZOOM) Financial Issues in Divorce and Practical Tips on Handling Divorce and Family Trust Related Cases
||18 September 2020 (Friday)
||2:30pm - 5:45pm
For delegates who have prior knowledge of the subject area
||3 CPD pts (Accredited by The Law Society of Hong Kong)
Rita was qualified in 2002, and has been practicing family law since then. She joined Withers in 2010 and was made a partner of the firm in 2012.
Rita has particular expertise in:
- Wealth Preservation for UHNWIs - experienced in preparing Prenuptial and Postnuptial Agreements and advising on trusts set up in the context of matrimonial perspectives for assets planning and to minimize the risk to family wealth posed by divorce proceedings. Rita has extensive expertise in assisting individuals and their families as a whole to make plans before they or their children are to marry or when they are considering succession issues and plan to pass their wealth to the next generation.
- Trust litigation - Rita represented an UHNWI client in her fight against the Trustee in divorce proceedings and ultimately successfully negotiated with the Trustee for settlement.
- Collaborative Practitioner - Rita is a qualified collaborative practitioner and regularly attends mediations to accompany her clients to assist in finding a settlement.
- Children's cases - Rita has dealt with a number of high profile cases involving children, in particular dealing with a controversial removal case before the Court of Appeal between Hong Kong and Singapore LN v SCCM  HKFLR 358 and custody battle in ML v YJ  HKEC 1924.
As a result of the mega cases in which she is involved, Rita is used to working in a team, in an efficient manner, to collaborate the efforts with accountants, counsel both in HK and overseas, and lawyers who have different expertise to make the best case for her clients. She is known to be responsive, reasonable and to give pragmatic and candid advice to clients.
Angela has a broad civil litigation and dispute resolution practice, including banking, regulatory, contractual, company, trust and probate matters. She is experienced in handling various types of civil litigation cases at different levels of the Hong Kong courts and has acted for banks, companies, trustees, executors, family offices and ultra high net worth individuals.
Angela has been involved in some of the most high profile trust and probate cases before the Hong Kong court as part of a team involving trustees and executors with novel and complex issues. She has also advised trustees and executors on issues relating to the administration of trusts and estates and advised clients in offshore court proceedings.
Prior to joining Withers, she was a senior associate in the Hong Kong office of a magic circle law firm.
Kim advises on all areas of matrimonial law including divorce and separation, child care and custody and guardianship, ancillary relief and pre-nuptial and post-nuptial agreements.
Prior to joining the Withers, Kim worked in the litigation team at another International Law Firm. Kim uses her civil litigation experience to provide an additional perspective when dealing with family law cases.
This course will provide attendees with an overview of the development of "equal sharing" as a principle to which the Court is to have regard in proceedings for financial provision under Part II of the Matrimonial Proceedings and Property Ordinance and how the implementation of the principle is affected by recent decisions. The complications in dealing with divorce cases, such as on discovery, third parties' interests, third parties' resources, trust and enforcements will also be explored. There will also be discussions about the latest matrimonial and family trusts reported cases in Hong Kong.
- The four principles outlined in LKW v DD which the Court should bear in mind when embarking on a Part II exercise
- The five steps which, so far as they are relevant to the facts of the case, the Court should follow and how they are applied
- Ways to obtain financial disclosure
- Issues that should be borne in mind when cases involve third parties' interests and resources
- Practical tips on dealing with cases involving trusts (including case studies on matrimonial disputes involving trusts as well as the classic family trust disputes)
- Post settlement - what happens if there is evidence about non-disclosure