Today we discuss with Caroline McNally, who recently joined Hugill & Ip, one of the most dynamic and fast-growing boutique law firms in Hong Kong. With an impressive track-record and extensive experience in Family Law, Caroline brings an incredible wealth of knowledge and expertise to the firm – which is already very well known within the Private Client segment. The addition of Caroline – and most recently four more prominent family lawyers to the team – certainly strengthens Hugill & Ip’s commitment to providing exceptional legal services to private clients in need of family law services. Hugill & Ip Family team now can count on more than 10 lawyers and support staff fully dedicated to this practice area. In addition, the firm already has two separate teams focusing on advisory and contentious Trusts & Estate work of over a dozen professional staff.
Can you briefly explain your experience and specialization in family law?
I have specialised in all aspects of family law for over 25 years having qualified in London in 1998 into a firm with one of the leading family law teams. In 2013 I moved to Hong Kong and established the family law department in a boutique firm which flourished into one of Hong Kong’s most respected teams. It has been a career highlight for the whole family law team to join Hugill & Ip and we are looking forward to growing from strength to strength.
What are the common challenges or issues that clients face when going through a divorce or separation in Hong Kong?
Divorce or separation is one of the most difficult times in a person’s life and many of our clients are not originally from Hong Kong and do not have the support of their family during this emotional time. The client will also need to consider whether they wishes to stay in Hong Kong after divorce or separation, which can lead to a lot of uncertainty.
How do you approach resolving conflicts or disputes during a divorce or family law case?
Divorce or separation is very painful, but it does not have to be a battleground. Early intervention is often the key to addressing the parties’ concerns and avoiding conflict. If parties are able to find a conduit for constructive dialogue at the earliest stage they can often find a way to navigate the divorce process with more knowledge and control.
Are there any unique aspects or considerations that individuals should be aware of when navigating family law in Hong Kong which are different to your experience of practicing in London?
Two issues often come up which I did not face in London namely immigration issues concerning a client’s right to remain in Hong Kong post-divorce and accommodation issues concerning leases in Hong Kong. It is extremely important to be aware of these issues when considering the best way forward.
What steps should someone take if they are considering filing for divorce or seeking legal advice regarding a family matter?
I suggest having an initial consultation with a family lawyer at the earliest stage to understand the legal landscape and to focus on the preparation of the relevant information. The first consultation is the opportunity for the client to explain their situation including their priorities and objectives. The lawyer can assist in developing the right approach for the client and consider the interests of any children.
Are there any alternatives to litigation that you recommend exploring in family law cases?
Mediation is a voluntary and confidential process which allows parties to explore the best options for themselves and to bring structure and clarity to a difficult situation. The parties will engage a qualified mediator to facilitate their discussions in respect of the future financial and children’s arrangements. The process supports clients taking responsibility for their dispute and finding constructive and tailor-made solutions.
How do you prioritize the well-being and best interests of children involved in a divorce or family law case?
Educating parents of the impact of conflict on their children is one of the best ways to put their interests first. Children should not be expected to manage their parents’ emotions or act as a peer to a parent and yet this commonly happens when a parent is overwhelmed and going through a difficult time. We regularly recommend that parents find suitable therapeutic support for themselves which will help them to shield their children during a divorce or separation.
The article was originally published on Asia Law Portal
