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Rita Ku - RKS Rita Ku & Solicitors, best family lawyer - probate, MIP, wills, litigation, private client, family, children, custody, Hague convention, surrogacy, jurisdiction

PRINCIPALRita Ku

Rita is the Principal of Rita Ku & Solicitors.

Having practiced family law for about 2 decades, Rita has vast experience and knowledge in dealing with a wide range of family disputes concerning jurisdiction, divorce, children, ancillary relief, etc for successful people or their spouse. She also specializes in resolving other life issues of her clients, such as mental health related application, contentious probate and trust.

Her landmark case ML v YJ [2010] HKEC 1924 went to the Court of Final Appeal which subsequently changed the law in Hong Kong concerning a party’s ability to apply for financial provision following a foreign decree. Many of her cases have also become important precedents and have been relied upon by the legal industry.

Rita is also keen on non-contentious work. She understands the needs of different family dynamics, and often advises established families in Hong Kong to preserve and/or protect their wealth for family harmony. She is the only Hong Kong practitioner being shortlisted by STEP as the “People’s Choice – Trusted Adviser of the Year” in 2021. She is also one of the finalists of the Woman Lawyer of the Year of ALB Hong Kong Law Awards 2021.

EducationThe University of Hong Kong, LLB, PCLL

Language – Cantonese, English & Mandarin

EducationThe University of Hong Kong, LLB, PCLL

Language – Cantonese, English & Mandarin

Rita Ku - RKS Rita Ku & Solicitors, best family lawyer - probate, MIP, wills, litigation, private client, family, children, custody, Hague convention, surrogacy, jurisdiction
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LitigationJurisdiction and Finances

Disputes relating to complex asset holdings structures and trusts, and the discovery thereof, are one of Rita’s expertise
  • WYSL v FHCBA and Ors [2019] HKEC 2379 – a case involving a trust set up by the patriarch and about the wife’s needs went to the Court of Appeal and Rita helped the wife to successfully secure a higher lump sum award.
  • W v H and Anor [2009] HKFLR 230a case involving a set aside order against a trust created by the Husband after he left the family. This particular case is one of the leading Hong Kong cases on the consideration of special contribution by a spouse. This is a pre DD v LKW case but the principle of equal sharing of family assets was explored.
  • HJFG v KCY [2012] 1 HKLRD 95 – an extremely complicated and contentious divorce with substantial amount of assets, involving a sizeable fund and a trust. The litigation took place in Hong Kong and Cayman Islands and involved heavy negotiation with a third party for a final resolution. Rita had collaborated with legal experts in Hong Kong, UK and Cayman Islands and reputable accountants both in Hong Kong and UK to go through the legal battle for 9 years – one of the longest family litigations. This case remains the leading case on Maintenance Pending Suit in Hong Kong and is the highest interim maintenance award to date. This case also involved an extensive financial discovery against the Husband which later led to a set aside application for a Consent Order due to the Husband’s material non-disclosure.
  • AWK v MLTH [2016] – Rita successfully defended the Husband’s position on the Wife’s unreasonable request for financial disclosure.

She helps not only the couples who are in family dispute, she also advises their family members who are unfortunately caught up in the dispute as a result of their financial supports to one of the spouses during the marriage. She is not afraid of joining third parties in dispute if it helps to pursue her client’s case.

  • CWCC v YKOP (Maintenance Pending Suit and third parties) [2018] HKFLR 320 – an application for Maintenance Pending Suit which involved third party financial assistance.
  • DX v LN & Ors (Anti suit injunction) [2015] HKFLR 525 – Rita acted for the husband’s father, the patriarch from a well-known PRC family, in respect of assets held in Hong Kong and the PRC, and successfully helped him to protect the family assets.

After the case of ML v YJ, Rita has become a jurisdictional expert, particularly those involving the PRC:

  • CL v ZRC (Jurisdiction; forum non-conveniens) [2015] HKFLR 125 – the husband was found to have a substantial connection with Hong Kong but the PRC was the more appropriate forum for the divorce. The divorce was concluded in the PRC, and the wife invoked the Part IIA application (the change after ML v YL) in Hong Kong after the PRC divorce.
  • LN v SCCM [2013] HKFLR 358 – a controversial children removal case before the Court of Appeal involving the conflict of laws between Hong Kong and Singapore, which essentially prompted the judiciary to instigate the system of direct judicial communications which can now be found in Practice Direction SL7.
  • CWYJ v LTYE (Prohibition Orders) [2020] HKCA 913 – Recently, Rita was in the Court of Appeal representing a husband who had moved to Singapore for work and was at the receiving end of a Prohibition Order from the lower court. She succeeded in lifting the order on the basis which violated his right to work and his right to movement and travel which was protected under Article 31 of the Basic Law.
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Children Related Work

Rita has had extensive experience in high conflict children cases, such as on custody, care and control, relocation, Hague Proceedings and adoption:
  • ML v YJ (sole and joint custody) [2008] HKFLR 88 – a case where it is often cited by the practitioners on issue relating to joint/sole custody.
  • BKGGB v BKND [2021] HKFC 100 – a case where Rita has successfully helped the mother to remove the children from Hong Kong to their place of birth. This case also involved serious allegation against the father in respect of his substantial collection on child pornography.
  • MJB v CWC (Hague Convention) [2018] HKFLR 331, BMC v BGC [2020] HKCA 317 and FR v MF [2021] HKCFI 1557 – cases involving the unauthorized removal of a child to Hong Kong from their respective habitual place of residence.
  • YJH v LKHM [2019] HKEC 2954 – this case involved a child of unmarried parents who was abducted to Taiwan by the mother. Despite Taiwan being a non-Hague jurisdiction, the Court did consider the position of the father in the context of the Hague Convention and Wardship proceedings. Rita had led her team to successfully ensure the return of the child to Hong Kong. Further, the Court also dismissed the mother’s application on the forum dispute.
  • VK v SAFG (removal) [2018] HKFLR 485 – Rita represented the father in a removal application in which the child was removed from her mother to live with him in Switzerland.
  • GDML v EJR [2019] HKFC 65 – Rita has successfully secured for the father the care and control of two young children from their mother due to safety concerns
  • Rita has successfully obtained Adoption Orders for children who were born under Surrogacy arrangements.
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Other Court Applications

Contentious Trust and Probate and Mental Health

Rita also has experience to deal with disputes concerning the wider family. These include issuing an application under Mental Health Ordinance for a well known philanthropist in Hong Kong. She helped an illegitimate minor to secure his rights over his father’s estate. She also issued Probate Proceedings to contest a Grant of Probate issued in favour of a Will.

Harassment and Intimidation

  • X and another v Z [2020] HKCFI 826 – Rita has successfully helped a client to issue an injunction for non-molestation against her ex-boyfriend for continuing harassment and intimidation.
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Alternative Dispute Resolutions

Rita is never shy to explore effective ways to assist clients to resolve their differences amicably. In addition to the conventional ADR, such as mediation and private FDR, she is the pioneer for:
  • Hong Kong’s first, and currently the only, Private Financial Adjudication case since the pilot scheme was introduced in 2015. In this landmark case, she represented the wife in a private adjudication, conducted before a retired Judge, in a timely manner during COVID-19 pandemic.
  • She was also involved in one of the few Mediator-facilitated Financial Dispute Resolution Hearing and has helped to settle an impossible agreement.

Non-Contentious Work

Rita has particular expertise in wealth preservation for ultra-high-net-worth and/or successful individuals and families, with experience in advising on Pre/Post Nuptial Agreements, Deed of Family Arrangements, Deed of Guardianship and Separation Agreement. She is the trusted adviser of individuals and their families, who are planning to get married, considering succession issues, or planning to pass their wealth onto their next generation(s) or on estate planning, including setting up trust. She gives particular insight to her clients on the trust structure from litigation perspective to minimize possible future litigation risk and to promote harmony within the family.

She is also experienced in advising clients on drafting their Wills and Letter of Wishes, having in mind the different dynamic of the families.

Rita Ku & Solicitors - Ranked Chambers Greater China region 2022 - probate, MIP, wills, litigation, private client, family, children, custody, Hague convention, surrogacy, jurisdiction,
Rita Ku & Solicitors - Leading Doyles guide family law 2021 - probate, MIP, wills, litigation, private client, family, children, custody, Hague convention, surrogacy, jurisdiction,
Rita Ku & Solicitors - Top 100 women in litigation benchmark litigation 2021 award wining - probate, MIP, wills, litigation, private client, family, children, custody, Hague convention, surrogacy, jurisdiction,
Rita Ku & Solicitors - Benchmark litigation litigation star award winning - probate, MIP, wills, litigation, private client, family, children, custody, Hague convention, surrogacy, jurisdiction,

Achievements and Recognitions

  • Rita is recognized as the preeminent lawyer in Doyle’s Hong Kong Family & Divorce Law Rankings in 2021 and leading lawyer from 2018 to 2020.
  • She is also recognized by Benchmark Litigation as Litigation Star and Top 100 Women in Litigation in Asia-Pacific in 2020 and 2021.
  • She is the only Hong Kong lawyer being shortlisted by STEP as the “People’s Choice – Trusted Adviser of the Year” in 2021.
  • She is also ranked Band 2 by Chambers Asia-Pacific in 2022.

Affiliated Membership/Associations

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Rita Ku & Solicitors - Leading Doyles guide family law 2021 - probate, MIP, wills, litigation, private client, family, children, custody, Hague convention, surrogacy, jurisdiction,
Rita Ku & Solicitors - Ranked Chambers Greater China region 2022 - probate, MIP, wills, litigation, private client, family, children, custody, Hague convention, surrogacy, jurisdiction,
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Talk sessions / Speeches

Due to her vast knowledge and quality experience in her field, Rita has been invited to conferences, seminars, and other learning settings to share her knowledge. Some title of her talks include, but are not limited to:
內地與香港婚姻家事判決-雙互認可及執行的實務與前沿
co-presenter, July 2021
Agender Cafe: Impact of Covid-19 on family relationships
co-presenter at RTHK Radio 3, July 2020
離婚後身家未必平分 律師:分一半僅為起點|財經加零一
HK01, October 2020
資產信託、婚前協議可免「分身家」?
HK01, October 2020
‘Learn How to Handle Cross-Border Family Law Issues'
International Academy of Family Lawyer- 2 November 2018
‘Succession Planning for Family Businesses and High Net Worth Clients’
Courses and Seminars - 21 May 2015
‘Lecture on Cross-Border Family Cases’
Shenzhen Lawyers Association - 15 May 2015, panelist
'Roundtable discussion on cohabitation’
IAML European Chapter Conference 2015 - 27 March 2015, panelist
‘Preserving Family Wealth and Legacy Across Generation (Trust/Taxes/ Foundations )’
'HKUST-Campden IPI Wealth Management Program’ - 16-19 June 2014, speaker
CPD sessions for LexOmnibus and Law Society

Professional Publications

Rita has also featured in publications around her professional experience. Some of which include, but are not limited to:
Court in the middle - A comparison of child removal applications in England and Wales
Hong Kong and Singapore
Enforcement and recognition of orders between Hong Kong and the Mainland
Hong Kong Lawyer, May 2021
[Bill Gates離婚] 蓋茨夫婦結束27年婚姻 香港情況會點分資產?
Hong Kong Economic Times, May 2021
Court in the middle, STEP Journal
April 2021
#LoveWins: Planning ahead of the future in Hong Kong
April 2021, co-author.
Symbolic but not consequential - household chores as part of divorce rulings in Hong Kong and Singapore?
31 March 2021, co-author
‘Parent’s Voice and Possible Solution to Ease the Anxiety of the Families During the Pandemic’
19 Mar 2021, co-author
Children’s Well-Being in Hong Kong During Covid-19: How We Can Help
18 Mar 2021, co-author
A year in review- #LoveWins: The journey towards equality for Hong Kong's LGBTQ community in 2020
February 2021, Hong Kong Lawyer
[專題] 疫情下的愛情:情侶的日常/夫妻的世界/分手的結局
ELLE Hong Kong, January 2021
離婚夫婦採私人財務審裁 加速分產
Apple Daily, August 2020
‘Challenging times: The effect of an economic downturn on divorce settlements’
10 Mar 2020, co-author-2020
‘For better or for worse: The impact of COVID-19 on weddings and divorce in Hong Kong’
5 Mar 2020, co-author
How to prepare prenuptial agreement《如何準備婚前協議?》
TOPick news of Hong Kong Economic Times - 6 July 2016, author
‘How to secure your assets when divorcing your wealthy husband?’《嫁個有錢⼈ 離婚怎保物業?》
Hong Kong Economic Times - 24 April 2015, author
‘Legal Eye: how to lessen the impact of divorce on children’
South China Morning Post - 18 February 2014, co-author
“your mere existence provides energy and moral force for the cause … like a spiritual leader …….
Plus the letters you wrote back then provided ammunition for us now to use …..”
A Senior Counsel in Hong Kong        
“Thank you for being with me during this horrible circumstance . . .
I would not have been able to achieve all we did without your tremendous work, help, support.”
Housewife        
“I am very pleased with the way how Rita and her team handled my case.
The professionalism and positivity the team has brought in to close the case
in such an efficient way definitely served me very well.”
Head of a Private Bank        
“I want to say thank you… because I am very pleasedwith how the [mediation] has been running,
and the way in which both the legal strategy and dynamics are playing directly
into the mediation process. That was always my primary priority.”
Senior International Lawyer        
“Her level of care and professionalism went way beyond my expectations.
A few people made all the difference and she was one of them.”
Head of Wealth Planning Global             
“We are pleased with the result which I am sure is going to work as an excellent framework
for the management of your finances and assets.”
Entrepreneur              
“I have no doubt as to Rita’s abilities and I hold her in ultimate regard.
She performs to the highest professional standards
and her commitment to this area of practice is plain and clear.”
Leading family & Divorce law barrister        
“My divorce was a very stressful one, simply because the ex-husband was there for “the kill”,
my emotions were like a roller coaster and I was very grateful that I was cared under Rita’s team.
Rita is a very clear-minded, direct person and somebody who won’t take any “BS”;
but yet she also has her soft and empathetic side.
She will let you know very clearly – to do or not to do and if you choose to do what are the pros and cons.
That was really what I needed.”
Nutritionist        
“Its difficult to find lawyers for high-end clients as you need to be able to deal with
multijurisdictional cases, and she really deserves a reputation for that.
She is one of the most feared family lawyers in Hong Kong for very good reasons.”
Chambers and Partners        
“Rita Ku is very knowledgeable and learned in her subject.
She brings a calmness to these family-oriented cases which is absolutely essential.
She stands out in the field because of her approach and demeanour.
She cools things down, not heats them up.”
Chambers and Partners        

“Thank you for being with me during this horrible circumstance . . . I would not have been able to achieve all we did without your tremendous work, help, support.”

Housewife        

“I am very pleased with the way how Rita and her team handled my case.  The professionalism and positivity the team has brought in to close the case in such an efficient way definitely served me very well.”

Head of a Private Bank        

“I want to say thank you… because I am very pleased with how the [mediation] has been running, and the way in which both the legal strategy and dynamics are playing directly into the mediation process. That was always my primary priority.”

Senior International Lawyer        

“Her level of care and professionalism went way beyond my expectations.  A few people made all the difference and she was one of them.”

Head of Wealth Planning Global             

“We are pleased with the result which I am sure is going to work as an excellent framework for the management of your finances and assets.”

Entrepreneur              

“I have no doubt as to Rita’s abilities and I hold her in ultimate regard.  She performs to the highest professional standards and her commitment to this area of practice is plain and clear.”

Leading family & Divorce law barrister        

“My divorce was a very stressful one, simply because the ex-husband was there for “the kill”, my emotions were like a roller coaster and I was very grateful that I was cared under Rita’s team.  Rita is a very clear-minded, direct person and somebody who won’t take any “BS”; but yet she also has her soft and empathetic side.  She will let you know very clearly – to do or not to do and if you choose to do what are the pros and cons.  That was really what I needed.”

Nutritionist        

“Its difficult to find lawyers for high-end clients as you need to be able to deal with multijurisdictional cases, and she really deserves a reputation for that.  She is one of the most feared family lawyers in Hong Kong for very good reasons.”

Chambers and Partners        

“Rita Ku is very knowledgeable and learned in her subject.  She brings a calmness to these family-oriented cases which is absolutely essential.  She stands out in the field because of her approach and demeanour.  She cools things down, not heats them up.”

Chambers and Partners