The Practice Direction SL 9 issued by the Hong Kong Judiciary has taken effect on December 2020 which set out the procedures of the Pilot Scheme for Private Financial Adjudication in Matrimonial & Financial Proceedings.
The Pilot Scheme first took effect back in 2015 and would now be extended to 18 January 2024.
Applicability of Private Financial Adjudication
The Private Financial Adjudication procedure is applicable in the following proceedings:
(1) An application for ancillary relief, other financial orders and/or financial relief under Part II and Part IIA of the Matrimonial Proceedings and Property Ordinance, Cap.192;
(2) An application for maintenance and/or financial orders under the Guardianship of Minors Ordinance, Cap.13;
(3) An application under s.3 of the Separation and Maintenance Orders Ordinance, Cap.16 for an order for payments under s.5(1)(c), (d), (e) and s.9 of the same ordinance;
(4) An application for financial provision under the Inheritance (Provision for Family and Dependants) Ordinance, Cap.481;
(5) Any other applications of a financial nature in Matrimonial and Family Proceedings to which the court agrees that the procedures should apply; and
(6) An application for costs in respect of any of the above applications or proceedings.
The procedures will NOT apply to:
(a) Proceedings for a Matrimonial Cause, as defined in the Matrimonial Causes Ordinance, Cap.179;
(b) Any disputes on children’s custody, care and control, access, education or upbringing; and
(c) Any other proceedings not covered by (1)-(6) above.
The first private adjudication took place in May 2020 with a decision delivered by the adjudicator in July 2020. The parties accepted the decision and the Family Court made an order based on that decision.
For legal advice or services on divorce and matrimonial disputes, please contact CHOW & CHEUNG, Hong Kong Solicitors & Notary Public. [Tel: +852 2856 3799 Email: firstname.lastname@example.org]
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