Jocelyn Tsao

A partner at Withersworldwide. As a family lawyer in Hong Kong, I advise expatriate and local couple I am a believer of YOLO ("You Only Live Once").

As a family lawyer in Hong Kong, I advise expatriate and local couples or unmarried partners on all aspects of family issues, including financial and children related issues, arising from divorce and separation. I started my family law practice in 2007 and I was made a partner in 2018 at Withers Worldwide, an international law firm headquartered in London, United Kingdom, with offices in the Unite

d States, Europe, Asia, and the Caribbean. I am experienced in handling complex divorce issues, financial disputes with substantial onshore and offshore assets as well as cases that have cross-jurisdictional, cross-border elements. Here is a selective list of legal services that I provide –
• Proceedings relating to children like custody, child support, visitation rights, relocation, guardianship, assignment of parental responsibilities, child abduction
• Financial proceedings ancillary to the divorce such as spousal maintenance and division of property and other assets
• Pre/post-nuptial agreements, deed of separation
• Domestic violence, child abuse

Practising in the areas of family law is a natural fit for me as I enjoy working in a practice area that allows me to make a positive impact on people’s lives and their wellbeing. My job satisfaction comes from seeing my clients move forward with their lives with positivity, confidence and hope. I listen to every client’s needs and help them source the solution that best serves their (and their family's) needs and interests – from resolving through mediation, negotiation to settlement outside Court. Depending on the circumstances, I’d bring in other professionals in finance, psychology, and parenting to assist the process. I love challenging myself and living life to the fullest. If you don’t see me in my work attire meeting clients, you’d probably find me running up and down the mountains, participating in ultra-marathons around the world or any outdoor adventure you can name! Feel free to email me if anything I can be of support (email: [email protected])

29/09/2025

Grateful for the opportunity to share insights with etnet on how Hong Kong’s Family Court approaches child arrangements, maintenance, and asset division in divorce.

When agreement is not possible, the court steps in to adjudicate by putting the children’s best interests first—looking at who provides day to day care and, what are the appropriate arrangements—before turning to finances. Maintenance, whether spousal or children's maintenance, is assessed by needs and the parties' respective means and guided by the family’s historical standard of living, while asset division generally follows a broad 50/50 starting point which can be adjusted depending on the many case-specific factors and circumstances.

In the feature, I discuss why clarity, evidence based budgeting, and child centred planning can reduce conflict, shorten timeline, and support stable outcomes in a divorce situation.

Read the full interview here: https://www.etnet.com.hk/www/tc/lifestyle/eatandplay/entertainment/96366

24/09/2025

Following Episode 1, where I explained why moving assets before divorce can backfire, this episode dives deeper into the specific actions that often raise suspicion in court. From transferring property to family members to moving funds offshore, these strategies may seem smart but often lead to serious consequences.

I’ll also share how these moves are handled by the court and offer better, legally sound alternatives to safeguard your assets. If you missed Episode 1, be sure to catch up for the full picture!

18/09/2025

Alternatives to Divorce in Hong Kong: Postnups & Deeds of Separation (EP2)

Want clear ground rules without rushing to divorce?

Two tools often considered are postnuptial agreements and deed of separation.

Postnuptial agreement:
• A voluntary contract made during marriage when the parties intend to stay married, about what happens if they separate or divorce
• Not automatically binding—but increasingly respected if fair, with independent legal advice and full and frank financial disclosure (in line with the principles surrounding prenuptial agreement)
• Can address property division and maintenance

Deed of separation:
• A voluntary contract made when the parties decide to separate, about what happens if they divorce
• Typically sets out finances, property, child arrangements, and maintenance—during separation and if divorce follows
• Not automatically binding; courts can revisit terms if circumstances change. Again the same rules of pre or postnuptial agreements apply.

Remember: these tools can bring clarity and reduce conflict—but they are only as strong as the advice, disclosure, and fairness behind them.

17/09/2025

Alternatives to Divorce in Hong Kong: Judicial Separation (EP1)

What if you could formalise living apart—without ending the marriage?

Judicial separation is a court-endorsed route that allow spouses to live separately while keeping the marriage intact. It is often chosen for religious or moral reasons, to preserve benefits, or when you have not hit the one year mark for divorce.

What it covers:
• Legal recognition of separation (you remain married and cannot remarry)
• No minimum marriage duration
• Ancillary orders on children, maintenance, and property

The takeaway: it offers structure and protection—without dissolving the marriage.

If you’re weighing your options, clarity on the right terminology and process helps you focus on what really matters for your family.

04/09/2025

What if “protecting” your money before divorce does the opposite? In Hong Kong, moving assets within three years of the application is presumed suspicious, and the court will put those transfers under a microscope. That can mean long disputes, higher legal fees, and a hit to your credibility—often for little to no benefit.

In Episode 1, I unpack why asset-shifting usually backfires. Stay tuned for Episode 2, where I’ll cover the specific moves that trigger red flags in court—and smarter ways to steer clear of them.

25/08/2025

3 Divorce Misconceptions in Hong Kong You Need to Know – EP2

Last time, we debunked myths about filing and separation. Today, let’s tackle a biggie: custody of children.

Myth 3: “I want custody of my children.”

Many confuse “custody” with care and control. While there are cases where parties argue about whether there should be sole custody or joint custody, it is not the most commonly fought aspect of children's arrangements in divorce cases.

- Custody = major life decisions about a child’s upbringing (education, medical, religion, relocation)
- Care and control = everyday life (where the child lives, daily routines, discipline, etc.)

Courts in Hong Kong generally favour joint custody, as both parents should stay involved in shaping a child’s future —even if the child lives primarily with one parent.

But disputes usually revolve around care and control—basically, who the child lives with day-to-day. Care and control is usually granted to one parent, while the other parent receives access rights (visitation). However, shared care and control is becoming more common, especially among working parents who co-parent actively.

Remember: clarity on the right terms helps you focus on what really matters—your child’s well-being.

If you missed Ep. 1 on filing & separation myths, go back and check it out!

22/08/2025

3 Divorce Misconceptions in Hong Kong You Need to Know – EP1

Myth 1: “We got married in Hong Kong, so we can divorce here.”

Perhaps it is because of Hong Kong's reputation as "Asia's divorce capital" that I've had quite a number of enquiries recently from people who asks whether or not they can divorce in Hong Kong, even though neither their spouse nor they currently live here.

The Hong Kong Family Court will only hear your case if one of the following applies:
- Either spouse is domiciled in Hong Kong at the time of filing
- Either spouse has lived in Hong Kong for at least 3 years before filing
-Either spouse has a “substantial connection” with Hong Kong

So—marriage registration in Hong Kong alone does not automatically give you the right to divorce here.

Myth 2: “I must wait one year of separation before I can file.”

Separation is just one ground for divorce. Others include:
- Unreasonable behaviour (the most common)
If a person has not been separated from his/her spouse but wishes to file for divorce, they can use "unreasonable behaviour" as a grounds of divorce, e.g. the other party not showing any love or affection, not communicating, engaging in inappropriate relationships with a third party etc.
- Adultery
- 1 year separation with consent
- 2 years separation without consent
- Desertion for at least 1 year

Meaning—you don’t have to wait for separation if there are valid grounds.

Divorce law is complex, but clarity is power. Stay tuned for Ep. 2 where we tackle another huge misconception: custody of children.

14/08/2025

Do financial contributions or wealth determine the outcome of divorce and custody cases in Hong Kong?

In this video, I break down two common misconceptions about divorce and custody. Many assume that contributing more financially guarantees a larger share of assets, or that the wealthier parent will automatically get custody. However, Hong Kong courts place equal emphasis on the contribution from a stay-at-home parent in their caregiving role and a breadwinner's financial contributions, and special contributions are only considered under specific circumstances.

Understanding these principles is key to managing expectations and navigating family law effectively.

05/08/2025

As a family lawyer, I am often asked the question, whether assets held under a trust is safe in the event of a divorce. My answer? Not always. While trusts as a wealth planning tool has many benefits, it is not a guaranteed shield in the contingency of a divorce.

The court’s approach depends on how closely a trust is linked to the marriage. Was the trust created during the marriage or in contemplation of it? Were either spouse or close relatives the ones who settled the trust? Are the spouses included as part of the beneficiaries? Who are the beneficiaries and what does the letter of wishes say? If the connection between the trust and the marriage is strong, the trust may be considered “nuptial”—and the court has power to vary it.

But even if a trust falls outside that category, it does not mean that the court will ignore it. If one spouse has access to the trust, i.e. the trustees would likely advance funds if requested, then the trust becomes a resource. Whether or not a trust is a resource will be a matter of evidence, and if the court determines that it is, then the court may account for it when deciding the fair division of assets and spousal maintenance, potentially awarding the other spouse more from the rest of the assets, or making a maintenance order based on the consideration that the distributions from the trust is an ongoing income.

All in all, the idea that trust assets are untouched in divorce is a myth. What matters is not the label or structure of the vehicle holding the asset, but the substance. Courts follow fairness, not formalities.

If you are contemplating setting up a trust or you have already set up a trust and wondering how protective that trust will be in the event of a divorce, early legal advice is essential. Know what needs to be done in terms of the setting up of the trust, including how the trust deed and letter of wishes should be drafted and how the trust should be structured and managed.

01/08/2025

When divorcing couples own a business together, things can get complex fast.

Whether it’s a buyout, a restructure, or a complete sale, each option requires careful planning—and the right legal tools. In this video, I walk through the practical strategies available, and why shareholder agreements matter more than ever when ex-spouses stay in business together.

29/07/2025

Grateful for the opportunity to share insights with AM730 on a topic gaining traction in today’s society: the evolving role of prenuptial agreements.

As divorce rates climb to post-pandemic highs, these agreements have shifted from being exclusive to the wealthy to becoming a prudent financial planning measure for couples from all walks of life.

In this piece, I address how prenuptial agreements help define expectations, protect pre-marital and inherited assets, and support long-term stability for both parties. Such agreements are not just about division but also about fostering transparency and mutual understanding.

Read the full interview here: https://www.am730.com.hk/生活/市場資訊/離婚率升至疫後新高-婚前協議不再是超級富豪專利/583605

24/07/2025

In the lead-up to divorce, some individuals act on instinct—transferring money to third parties or shifting funds to offshore accounts or business entities, repaying undocumented "loans", or selling property below market value to family members or friends in hopes of simplifying the split. It’s understandable. But under Hong Kong law, such moves can be legally risky and counterproductive.

Section 17 of the Matrimonial Proceedings and Property Ordinance presumes that any asset transfer within three years prior to the application may be an attempt to defeat the spouse’s claim. The burden of proof lies squarely on the person making the transfer—often requiring extensive documentation, third-party evidence, and time-consuming litigation. Even the recipient of the asset—often a family member or friend—may be required to attend hearings and testify. If the court determines that the movement of the asset was done indeed with an attempt to reduce the person's net worth, it may reverse the transaction or adjust the division of assets unfavourably against that person.

Such reactive decisions don’t just complicate proceedings—they can damage credibility and prolong the emotional and financial toll of divorce.

A more constructive approach would be to consider proactive legal planning such as prenuptial agreements or postnuptial agreements, maintaining clear documentation for any financial arrangements, and talking early and strategically with a family lawyer.

Divorce is challenging enough—don’t add avoidable legal friction. The best protection is preparation, not concealment.

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Website

https://www.linkedin.com/in/jocelyntsao/

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