20 December 2022
Marcus Dearle featured in ICLG 2023
Miles Preston partner Marcus Dearle is featured in the 2023 edition of the International Comparative Legal Guide. Marcus is also the contributing editor of the Guide.
Marcus has written about the case LYCP v JEK and his introduction is below.
The decision in LCYP v JEK is one of the most important family law decisions to be handed down in Hong Kong in the nine years after the Court of Final Appeal’s landmark decision in LKW v DD in 2010, which brought in the “equal sharing” principle. It is the leading prenuptial agreement (PNA) case in Hong Kong alongside the Court of Final Appeal case of SPH v SA (Forum and marital agreements)  HKFLR 286.
It has provided much-needed clarification of the law relating to PNAs. The decision confirms that signing a properly drafted and negotiated PNA has material consequences for a financially weaker spouse: the court ordered that 21.4% of the wife’s award was to be returned to the husband or his estate at a later date. Prior to this judgment, the law in Hong Kong on PNAs was unclear and often misunderstood.