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Responsible family asset protection: lessons from Asia's HK $1.2 billion divorce award

Date:10 APR 2018
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Marcus Dearle
Family Asset Protection | BCLP Private Wealth

On 24 February 2018, The Times reported

‘Judges are at loggerheads over whether divorce battles should be private despite moves in recent years to open up the family courts. Mr Justice Holman says that there is a “pressing need” for more openness, while Mr Justice Mostyn believes that such disputes are “quintessentially private business”.’ 
In the same article it revealed that in a ruling of the previous day, the Supreme Court had denied the Rotenbergs permission for any further attempts to maintain secrecy following a Court of Appeal ruling in October 2017, ‘that evidence of a security threat to the Rotenbergs was “slender in the extreme”’. 

Marcus Dearle’s article in the April 2018 issue of Family Law examines the lessons that can be learnt from an ultra high net worth divorce case in which he acted, fought through the Chancery Division in the London High Court and the High Court of Hong Kong: where the security threat was real not ‘slender’. He stresses:

Vital lessons were to be learnt on both sides – lessons which are equally likely to apply in England and Wales and other jurisdictions as well as Hong Kong. There is the publicity lesson: if the kidnap attempt had not been foiled, would the vast wealth, and the apparent glitziness and allure of a (literally) jet-set lifestyle in the case which attracted the media interest, then have mattered a jot?’

The full version of this article appears in the April 2018 issue of Family Law

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