Pitfalls exist when Hong Kong has no framework for common law marriage
A woman in a relationship is unable to make financial claims against the man when their relationship breaks down, but a claim can be made on behalf of any children
Even though she lived with fugitive tycoon Joseph Lau Luen-hung for over a decade, called him her husband and was the mother of two of his children, the tycoon’s ex-girlfriend, Yvonne Lui Lai-kwan , was not legally considered to be his wife due to the absence of common law marriage in Hong Kong.
Legal experts say that because this legal framework does not exist in the city, women in unmarried relationships are not entitled to make financial claims against their ex-partners if the relationship falls apart.
However, the experts say, the financially stronger party – Lau in this case – has the duty to provide financial support to the children so they can enjoy the standard of living they enjoyed before their parents’ breakup.
The concept of “common law marriage” is a legal framework that considers two people married even if they have not signed marriage documents as long as, for example, they have lived together for many years.
“In Hong Kong there is no such thing as a ‘common law’ wife or husband. In broad terms, the unmarried mother of a child can only make financial claims for the benefit of the child and not for herself,” said Marcus Dearle, a partner at international law firm Berwin Leighton Paisner’s Hong Kong office.