Episode 40 - Should I Divorce in England & Wales or Hong Kong?

In this episode, David Allison is joined by Caroline McNally of Hugill & Ip to compare divorce and financial claims in England and Wales with the system in Hong Kong. The discussion focuses on issues relevant to individuals with connections to both jurisdictions. Looking at both jurisdictions, they cover: • Jurisdiction for divorce, including domicile and residency • Grounds for divorce • Financial claims on divorce • Maintenance claims • Claims available to non-married couples • Pre- and post-nuptial agreements • Key differences between England and Wales and Hong Kong  About the speakers: David Allison is a highly regarded family lawyer and accredited mediator. The focus of his practice is financial claims on divorce, particularly those involving jurisdiction disputes, international asset structures, and families with connections to multiple countries. He works closely with overseas lawyers and professionals to coordinate strategies that protect individual's interests while maintaining a constructive, solutions-focused approach. Known for his calm and thoughtful style, David combines technical precision with a deep understanding of the human context behind each case. He supports people through challenging transitions with clear guidance, helping them move forward with stability and confidence. Caroline McNally is recognised locally and internationally as one of the leading family lawyers in Hong Kong. Caroline qualified in England and Wales in 1998 and in Hong Kong in 2014. In London, she worked at top tier firms before relocating to Hong Kong to set up the family team at an independent boutique law firm.  Caroline joined Hugill & Ip in 2023. Although Caroline has extensive experience in litigation, she is well-known for taking a pragmatic approach and for guiding clients sensitively through one of the most difficult times of their lives. She is a trained mediator and collaborative lawyer and uses these skills to find tailor-made and creative solutions for clients. In May 2020 Caroline broke new legal ground in Hong Kong by acting for a party in the first Private Financial Adjudication, where the parties chose to appoint an adjudicator to settle their dispute. Caroline held the position of Chair of the Hong Kong Family Law Association (HKFLA) from 2016 to 2018.  Caroline is a Fellow of the International Academy of Family Lawyers and is President Elect Designate of the Asia Pacific Chapter. \* Disclaimer: • At the time of recording this podcast the proposed reform in England and Wales affecting how finances are divided when relationships end for non-married couples had not been announced. To understand more about the consultation, it can be accessed online here: https://www.gov.uk/government/consultations/a-fairer-end-to-relationships.