MATRIMONIAL PROCEEDINGS AND PROPERTY ORDINANCE

MATRIMONIAL PROCEEDINGS AND PROPERTY ORDINANCE

LAWS OF HONG KONG

MATRIMONIAL PROCEEDINGS AND PROPERTY

ORDINANCE

CHAPTER 192





CHAPTER 192

MATRIMONIAL PROCEEDINGS AND PROPERTY ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

PART 1

PRELIMINARY

1...........Short title ....................... ... ... ... ... ... ... ... ... 3
2...........Interpretation .................... ... ... ... ... ... ... ... ... ... 3

PART 11

ANCILLARY AND OTHER RELIEF IN MATRIMONIAL CAUSES AND

OTHER MATRIMONIAL PROCEEDINGS

3.............................Maintenance pending suit in cases of divorce, etc . ... ... ... ... ... 11

4......................................Financial provision for party to a marriage in cases of divorce, etc . ... 4
5......................................Financial provision for child of the family in cases of divorce, etc . ... 4

6 Orders for transfer and settlement of property and for variation of settlements

in cases of divorce, etc . ... ... ... ... ... ... ... ... 1 ... ... ...

7. Matters to which court is to have regard in deciding what orders to make

under sections 4, 5 and 6 ................ ... ... ... ... ... ... ... (1

8..........................................Neglect by party to marriage to maintain other party or child of the family 7

9. Duration of certain orders made in favour of party to marriage and effect of

remarriage ............................... ... ... ... ... ... ... 9

10. Provisions as to powers of court to make orders in favour of children and

duration of such orders ... ... ... ... ... ... ... ... ... ... ...

11.................................Variation, discharge, etc. of orders for financial provision ... ... ... 10

12.........................................Payment of certain arrears unenforceable without the leave of the court 12

13. Power of court to order sums paid under certain orders to be repaid in certain

cases ................ .................. ... ... ... ... ... 12

14.....................Validity of maintenance agreements ... ... ... ... ... ... ... ... 13

15.................................Alteration of agreements by court during lives of parties ... ... ... 13
16.................................Alteration of agreements by court after death of one party ... ... ... 15
17.................................Avoidance of transactions intended to defeat certain claims ... ... ... 16

18. Restrictions on decrees for dissolution, annulment or separation affecting

children ................................. ... ... ... ... ... ... 17

19.........................................Orders for custody and education of children affected by matrimonial suits is

20. Orders for custody of children in cases of neglect to maintain ... ... ... 19











Section Page

21. Abolition of right to claim restitution of conjugal rights ... ... ... ... 19

22. Order for maintenance of party to marriage under Matrimonial Causes

Ordinance to cease to have effect on remarriage of that party ... ... ... 20

23. Orders for repayment in certain cases of sums paid after cessation of order

by reason of remarriage ... ... ... ... ... ... ... ... ... ... ... 20

24. Settlement, etc., made in compliance with order under section 6 may be

avoided on bankruptcy of settlor ... ... ... ... ... ... ... ... ... 21

25. Commencement of proceedings for financial provision orders, etc . ... ... 21

26. Direction for instrument to be settled by the Registrar ... ... ... ... ... 22

27. Payments etc., under order made in favour of person suffering from mental

disorder ... 1 . ... ... ... ... ... ... ... ... ... ... ... ... 22

28. Transitional provisions and savings ... ... ... ... ... ... ... ... ... 22

29. Validation of certain void or voidable decrees ... ... ... ... ... ... ... 22

PART 111

MISCELLANEOUS
PROVISIONS

30.....................................Jurisdiction of, and appeal on question of fact from District Court ... 22

31.................................Devolution of property on intestacy of separated spouse ... ... ... 23

32............Rules of court ................. ... ... ... ... ... ... ... ... 23

33........Repeals ............................ ... ... ... ... ... ... ... ... 23

First Schedule ........................ ... ... ... ... ... ... ... ... ... ... 23
Second Schedule ......................... ... ... ... ... ... ... ... ... ... 26

Appendix............................. ... ... 1 ... ... ... ... 1 . ... ... 26





CHAPTER 192

MATRIMONIAL PROCEEDINGS AND PROPERTY

To consolidate and amend the law relating to ancillary and other
relief in matrimonial causes and other matrimonial proceedings;
relief

to abolish the right to claim restitution of conjugal rights; and for
purposes connected with or relating to the matters aforesaid.

[1st July, 1972.1

PART 1

PRELIMINARY

1. This Ordinance may be cited as the Matrimonial Proceedings and
Property Ordinance.

2. (1) In this Ordinance unless the context otherwise requires

'adopted-means adopted in pursuance of an adoption order made
under any enactment in force in Hong Kong at any time relating to
the adoption of children or any corresponding imperial enactment;

'child', in relation to one or both parties to a marriage, includes an
illegitimate or adopted child of that party or, as the case may be, of
both parties;

'child of the family', in relation to the parties to a marriage, means

(a) a child of both those parties; and

(b)any other child who has been treated by both those parties as
a child of their family;

'court' means the Supreme Court or where the District Court has
jurisdiction by virtue of the Matrimonial Causes Ordinance,
the District Court;

'custody', in relation to a child, includes access to the child;

'education' includes training.

(2) For the avoidance of doubt it is hereby declared that references
in this Ordinance to remarriage include references to a marriage which is
by law void or voidable.

PART II

ANCILLARY AND OTHER RELIEF IN MATRIMONIAL
CAUSES
AND OTHER MATRIMONIAL PROCEEDINGS

3. On a petition for divorce, nullity of marriage or judicial
separation, the court may order either party to the marriage to make to
the other such periodical payments for his or her maintenance and for
such term, being a term beginning not earlier than





the date of the presentation of the petition and ending with the date of
the determination of the suit, as the court thinks reasonable.

4. (1) On granting a decree of divorce, a decree of nullity of marriage
or a decree of judicial separation or at any time thereafter (whether, in the
case of a decree of divorce or of nullity of marriage, before or after the
decree is made absolute), the court may, subject to the provisions of
section 25(1), make any one or more of the following orders, that is to
say

(a)an order that either party to the marriage shall make to the other
such periodical payments and for such term as may be specified
in the order;

(b)an order that either party to the marriage shall secure to the
other to the satisfaction of the court, such periodical payments
and for such term as may be so specified;

(c)an order that either party to the marriage shall pay to the other
such lump sum or sums as may be so specified.

(2) Without prejudice to the generality of subsection (])(c), an order
under this section that a party to a marriage shall pay a lump sum to the
other party

(a)may be made for the purpose of enabling that other party to
meet any liabilities or expenses reasonably incurred by him or
her in maintaining himself or herself or any child of the family
before making an application for an order under this section;

(b)may provide for the payment of that sum by instalments of
such amount as may be specified in the order and may require
the payment of the instalments to be secured to the satisfaction
of the court.

5. (1) Subject to the provisions of section 10, in proceedings

0

for divorce, nullity of marriage or judicial separation, the court may make
any one or more of the orders mentioned in subsection (2)

(a) before or on granting the decree of divorce. of
nullity of

granting the
marriage or of judicial separation, as the case may be, or at any
time thereafter;

(b)where any such proceedings are dismissed after the beginning
of the trial, either forthwith or within a reasonable period after
the dismissal.

(2) The orders referred to in subsection (1) are-

(a)an order that a party to the marriage shall make to such person
as may be specified in the order for the benefit of a child of the
family, or to such a child, such. periodical p payments and for
such term as may be so specified;



(b)an order that a party to the marriage shall secure to such person
as may be so specified for the benefit of such a





child, or to such a child, to the satisfaction of the court, such
periodical payments and for such term as may be so specified;

(c)an order that a party to the marriage shall pay to such person
as may be so specified for the benefit of such a child, or to
such a child, such- lump- sum- as may be so specified.

(3) Without prejudice to the generality of subsection (2)(c), an order
under this section for the payment of a lump sum to any person for the
benefit of a child of the family, or to such a child, may be made for the
purpose of enabling any liabilities or expenses reasonably incurred by or
for the benefit of that child before the making of an application for an
order under this section to be met.

(4) An order under this section for the payment of a lump sum may
provide for the payment of that sum by instalments of such amount as
may be specified in the order and may require the payment of the
instalments to be secured to the satisfaction of the court.

(5) While the court has power to make an order in any proceedings
by virtue of subsection (1)(a), it may exercise that power from time to
time, and where the court makes an order by virtue of subsection (1)(b)
in relation to a child it may from time to time make a further order under
this section in relation to him.

6. On granting a decree of divorce, a decree of nullity of marriage or
a decree of judicial separation, or at any time thereafter (whether, in the
case of a decree of divorce or of nullity of marriage, before or after the
decree is made absolute), the court may, subject to the provisions of
sections 10 and 25(1), make any one or more of the following orders, that
is to say

(a) an order that a party to the marriage shall transfer to the
other party, to family or to. such
person

to ant child of the family as may be specified in
the order for the benefit -of such a child such property as may
be so specified, being property to which the first-mentioned
party is entitled, either in possession or reversion;

(b)an order that a settlement of such property as may be so
specified, being property to which a party to the marriage is so
entitled, be made to the satisfaction of the court for the benefit
of the other party to the marriage and of the children of the
family or either or any of them;

(c)an order varying for the benefit of the parties to the marriage
and of the children of the family or either or any of them any
ante-nuptial or post-nuptial settlement (including such a
settlement made by will or codicil) made on the parties to the
marriage;





(d)an order extinguishing or reducing the interests of either
of the parties to the marriage under any such settlement;
and the court may make an order under paragraph (c) notwith-
standing that there are no children of the family.

7. (1) It shall be the duty of the court in deciding whether
to exercise its powers under section 4 or 6 in relation to a party
to the marriage and, if so, in what manner, to have regard to the
conduct of the parties and all the circumstances of the case includ-
ing the following matters, that is to say-
(a)the income, earning capacity, property and other financial
resources which each of the parties to the marriage has or
is likely to have in the foreseeable future;
(b)the financial needs, obligations and responsibilities which
each of the parties to the marriage has or is likely to have
in the foreseeable future;
(c)the standard of living enjoyed by the family before the
breakdown of the marriage;

(d)the age of each party to the marriage and the duration of
the marriage;

(e)any physical or mental disability of either of the parties
to the marriage;
(f)the contributions made by each of the parties to the
welfare of the family, including any contribution made
by looking after the home or caring for the family;
(g)in the case of proceedings for divorce or nullity of marriage,
the value to either of the parties to the marriage of any
benefit (for example, a pension) which, by reason of the
dissolution or annulment of the marriage, that party will
lose the chance of acquiring.

(2) Without prejudice to subsection (3), it shall be the duty
of the court in deciding whether to exercise its powers under section
5 or 6 in relation to a child of the family and, if so, in what manner,
to have regard to all the circumstances of the case including the
following matters, that is to say-
(a) the financial needs of the child;

(b)the income, earning capacity (if any), property and other
financial resources of the child;
(c) any physical or mental disability of the child;
(d)the standard of living enjoyed by the family before the
breakdown of the marriage;

(e)the manner in which he was being and in which the parties
to the marriage expected him to be educated;
and so to exercise those powers as to place the child, so far as it is
practicable and, having regard to the considerations mentioned in
relation to the parties to the marriage in paragraphs (a) and (b) of





subsection (1), just to do so, in the financial position in which the child
would have been if the marriage had not broken down and each of those
parties had properly discharged his or her financial obligations and
responsibilities towards him.

(3) It shall be the duty of the court in deciding whether to exercise
its powers under section 5 or 6 against a party to a marriage in favour of
a child of the family who is not the child of that party and, if so, in what
manner, to have regard (among the circumstances of the case)

(a)to whether that party had assumed any responsibility for the
child's maintenance and, if so, to the extent to which, and the
basis upon which, that party assumed such responsibility and
to the length of time for which that party discharged such
responsibility;

(b)to whether in assuming and discharging such responsibility
that party did so knowing that the child was not his or her
own;

(c) to the liability of any other person to maintain the child.

8. (1) Either party to a marriage may apply to the court for an order
under this section on the ground that the other party to the marriage (in
this section referred to as the respondent)

(a) being the husband, has wilfully neglected-

(i) to provide reasonable maintenance for the applicant, or

(ii) to provide, or to make _a proper contribution towards,
reasonable maintenance for any child of the family to whom
this section applies;

(b)being the wife, has wilfully neglected to provide, or to make a
proper contribution towards, reasonable maintenance

(i) for the applicant in a case where, by reason of the
impairment of the applicant's earning capacity through age,
illness or disability of mind or body, and having regard to any
resources of the applicant and the respondent respectively
which are, or should properly be made, available for the
purpose, it is reasonable in all the circumstances to (expect the
respondent so to provide or contribute, or

(ii) for any child of the family to whom this section applies.

(2) The court shall not entertain an application under this section
unless it would have jurisdiction to entertain proceedings by the
applicant for judicial separation.

(3) This section applies to any child of the family for whose
maintenance it is reasonable in all the circumstances to expect the
respondent to. provide or towards whose maintenance it is reasonable
in all the circumstances to expect the respondent to make a proper
contribution.





(4) Where the child of the family to whom the application under this
section relates is not the child of the respondent, then, in deciding

(a)whether the respondent has been guilty of wilful neglect to
provide, or to make a proper contribution towards, reasonable
maintenance for the child, and

(b)what order, if any, to make under this section in favour or for
the benefit of the child,

the court shall have regard to the matters mentioned in section 7(3).

(5) Where on an application under this section it appears to the
court that the applicant or any child of the family to whom the
application relates is in immediate need of financial assistance, but it is
not yet possible to determine what order, if any, should be made on the
application, the court may order the respondent to make to the applicant
until the determination of the application such periodical payments as
the court thinks reasonable.

(6) Where on an application under this section the applicant
satisfies the court of any ground mentioned in subsection (1), then,
subject to the provisions of section 10, the court may make such one or
more c of the following orders as it thinks just, that is to say

(a)an order that the respondent shall make to the applicant such
periodical payments and for such term as may be specified in
the order;

(b)an order that the respondent shall secure to the applicant, to
the satisfaction of the court, such periodical payments and for
such term as may be so specified;

(c)an order that the respondent shall pay to the applicant such
lump sum as may be so specified;

(d)an order that the respondent shall make to such person as may
be specified in the order for the benefit of the child to whom
the application relates, or to that child, such periodical
payments and for such term as may be so specified;

(e)an order that the respondent shall secure to such person as
may be so specified for the benefit of that child, or to that child,
to the satisfaction of the court, such periodical payments and
for such term as may be so specified;

an order that the respondent shall pay to such person as may
be so specified for the benefit of that child, or to that child,
such lump sum as may be so specified.

(7) Without prejudice to the generality of subsection (6)(c) and (f),
an order under this section that the respondent shall pay a lump sum

(a)may be made for the purpose of enabling any liabilities or
expenses reasonably incurred in maintaining the application





cant or any child of the family to whom the application relates
before the making of the application to be met;

(b)may provide for the payment of that sum by instalments of
such amount as may be specified in the order and may require
the payment of the instalments to be secured to the
satisfaction of the court.

9. (1) The term to be specified in any order made by virtue of
section 4(1)(a) or (b) or section 8(6)(a) or (b) shall be such
term, being a term beginning not earlier than the date of the making of
an application for the order in question and lasting not longer than the
maximum term, as the court thinks fit.

(2) In subsection (1) 'the maximum term- means-

(a)in the case of an order made by virtue of section 4(1)(a) in
proceedings for divorce or nullity of marriage, the joint lives of
the parties to the marriage or a term ending with the date of the
remarriage of the party in whose favour the order is made,
whichever is the shorter;

(b)in the case of an order made by virtue of section 4(1)(b) in
any such proceedings, the life of that party or a term ending
with the date of the remarriage of that party, whichever is the
shorter;

(e)in the case of an order made by virtue of section 4(1)(a) in
proceedings for judicial separation or made by virtue of section
8(6)(a), the joint lives of the parties to the marriage;

(d)in the case of an order made by virtue of section 4(1)(b) in
proceedings for judicial separation or made by virtue of section
8(6)(b), the life of the party in whose favour the order is
made.

(3) Where an order is made by virtue of section 4(1)(a) or (b) in
proceedings for judicial separation or by virtue of section 8(6)(a) or (b)
and the marriage of the parties affected by the order is subsequently
dissolved or annulled but the order continues in force, the order shall,
notwithstanding anything in it, cease to have effect on the remarriage of
the party in whose favour it was made, except in relation to any arrears
due under it on the date of such remarriage.

(4) If after the grant of a decree dissolving or annulling a marriage
either party to that marriage remarries, that party shall not be entitled to
apply for an order under section 4 or 6 against the person to whom he
or she was married immediately before the grant of that decree unless
the remarriage is with that person and that marriage is also dissolved or
annulled or a decree of judicial separation is made on a petition
presented by either party to that marriage.





10. (1) Subject to subsection (3)-

(a)no order under section 5, 6(a) or 8 shall be made in favour of a
child who has attained the age of twenty-one; and

(b)the term for which by virtue of an order under section 5 or 8
any payments are to be made or secured to or for the benefit of
a child may begin with the date of the making of an application
for the order in question or any later date but shall not extend
beyond the date when the child will attain the age of twenty-
one.

(2) The term for which by virtue of an order under section 5 or 8 any
payments are to be made or secured to or for the benefit of a child shall
not in the first instance extend beyond the date when the child attains
the age of sixteen unless the court which makes the order thinks it right
in the circumstances of the case to specify a later date therein.

(3) The court may make such an order as is mentioned in subsection
(1)(a) in favour of a child who has attained the age of twenty-one and
may include in an order made under section 5 or 8 in relation to a child
who has not attained that age a provision extending beyond the date
when the child will attain that age the term for which by virtue of the
order any payments are to be made or secured to or for the benefit of
that child, if it appears to the court that

(a)that child is, or will be, or if such an order or provision were
made would be, receiving instruction at an educational
establishment or undergoing training for a trade, profession or
vocation, whether or not he is also, or will also be, in gainful
employment; or

(b)there are special circumstances which justify the making of the
order or provisions.

(4) Any order made by virtue of section 5(2)(a) or section 8(6)(d)
shall, notwithstanding anything in the order, cease to have effect on the
death of the person liable to make payments under the order, except in
relation to any arrears due under the order on the date of such death.

11. (1) Where the court has made an order to which this section
applies, then, subject to the provisions of this section, the court shall
have power to vary or discharge the order or to suspend any provision
thereof temporarily and to revive the operation of any provision so
suspended.

(2) This section applies to the following orders, that is to say-

(a) any order under section 3;

(b)any order made by virtue of section 4(1)(a) or (b) or 4(2)(b);

(c) any order made by virtue of section 5(2)(a) or (b) or 5(4);





(d) any order made by virtue of section 6(b), (c) or (d)
on
or after granting a decree of judicial separation; and

(e)any order made by virtue of section 8(5), 8(6)(a),
(b), (d) or (e) or 8(7)(b).

(3) The powers exercisable by the court under this section in
relation to an order shall be exercisable also in relation to any instrument
executed in pursuance of the order.

(4) The court shall not exercise the powers conferred by this
section in relation to any order made by virtue of section 6(b), (c)
or (d) on or after granting a decree of judicial separation except on an
application made in proceedings

(a) for the rescission of that decree, or

(b)for the dissolution of the marriage of the parties to the
proceedings in which that decree was made.

(5) No such order as is mentioned in section 6 shall be made on an
application for the variation of an order made b), virtue of section
4(1)(a) or (b) or section 5(2)(a) or (b), and no order
for the payment of a lump sum shall be made on an application for the
variation of an order made by virtue of section 4(1)(a) or (b) or
of section 8(6)(a) or (b).

(6) Where the person liable to make payments under an order
made by virtue of section 4(1)(b), section 5(2)(b) or section
8(6)(b) or (e) has died, an application under this section relating to
that order may be made by the person entitled to payments under the
order or by the personal representatives of the deceased person, but no
such application shall, except with the permission of the court, be made
after the end of the period of six months from the date on which
representation in regard to the estate of that person is first taken out.

(7) In exercising the powers conferred by this section the court shall
have regard to all the circumstances of the case, including any change in
any of the matters to which the court was required to have regard when
making the order to which the application relates and, where the party
against whom that order was made has died, the changed circumstances
resulting from his or her death.

(8) The personal representatives of a deceased person against
whom any such order as is referred to in subsection (6) was made
shall not be liable for having distributed any part of the estate of the
deceased after the expiration of the period of six months referred to in
that subsection on the ground that they ought to have taken into
account the possibility that the court might permit an application under
this section to be made after that period by the person entitled to
payments under the order; but this subsection shall not prejudice any
power to recover any part of the estate so distributed arising by virtue
of the making of an order in pursuance of this section.





(9) In considering for the purposes of subsection (6) the question
when representation was first taken out, a grant limited to trust property
shall be left out of account and a grant limited to real estate or to
personal estate shall be left out of account unless a grant limited to the
remainder of the estate has previously been made or is made at the same
time.

12. (1) A person shall not be entitled to enforce through the court
the payment of any arrears due under an order made by virtue of section
3, 4(1), 5(2), 8(5) or 8(6) without the leave of the court if those arrears
became due more than twelve months before proceedings to enforce the
payment of them are begun.

(2) The court hearing an application for the grant of leave under this
section may refuse leave, or may grant leave subject to such restrictions
and conditions (including conditions as to the allowing of time for
payment of the making of payment by instalments) as that court thinks
proper, or may remit the payment of such arrears or of any part thereof.

(3) An application for the grant of leave under this section shall be
made in such manner as may be prescribed by rules of court.

13. (1) Where on an application made under this section in relation
to an order to which this section applies it appears to the court that by
reason of

(a)a change in the circumstances of the person entitled to, or
liable to make, payments under the order since the order was
made, or

(b)the changed circumstances resulting from the death of the
person so liable,

the amount received by the person entitled to payments under the order
in respect of a period after those circumstances changed or after the
death of the person liable to make payments under the order, as the case
may be, exceeds the amount which the person so liable or his or her
personal representatives should have been required to pay, the court
may order the respondent to the application to pay to the applicant such
sum, not exceeding the amount of the excess, as the court thinks just.

(2) An application under this section may be made by the person
liable to make payments under an order to which this section applies or
his or her personal representatives and may be made against the person
entitled to payments under the order or her or his personal
representatives.

3)An application under this section they be in pro

ceedings in the Supreme Court or the District

(a) the variation the order to which this



section applies or





(b)leave to enforce, or the enforcement of, the payment of arrears
under that order;

but other applications under for the payment of any sum this section shall be made to the

(4) An order under this section for the payment of any sum may
provide for the payment of that sum by instalments of such amount as
may be specified in the order.

(5) This section applies to an order made by virtue of section

3, 4(1)(a) or (b), 5(2)(a) or (b), 8(5) or 8(6)(a) or (b), (d) or (e).

14. (1) If a maintenance agreement includes a provision purporting
to restrict any right to apply to a court for an order containing financial
arrangements then

(a) that provision shall be void; but

(b)any other financial arrangements contained in the agreement
shall not thereby be rendered void or unenforceable and shall,
unless they are void or unenforceable for any other reason
(and subject to sections 15 and 16), be binding on the parties
to the agreement.

(2) In this section and in section 15-

'maintenance agreement' means any agreement in writing made,
whether before or after the commencement of this Ordinance,
between the parties to a marriage, being

(a)an agreement containing financial arrangements, whether
made during the continuance or after the dissolution or
annulment of the marriage; or

(b)a separation agreement which contains no financial
arrangements in a case where no other agreement in writing
between the same parties contains such arrangements;

'financial arrangements' means provisions governing the rights and
liabilities towards one another when living separately of the parties
to a marriage (including a marriage which has been dissolved or
annulled) in respect of the making or securing of payments or the
disposition or use of any property, including such rights and
liabilities with respect to the maintenance or education of any child,
whether or not a child of the family.

15. (1) Where a maintenance agreement is for the time being
subsisting and each of the parties to the agreement is for the time being
either domiciled or resident in Hong Kong, then, subject to subsection
(3), either party may apply to the court for an order under this section.

(2) If the court to which the application is made is satisfied either

(a)that by reason of a change in the circumstances in the light of
which any financial arrangements contained in





the agreement were made or, as the case may be, financial
arrangements were omitted from it (including a change
foreseen by the parties when making the agreement), the
agreement should be altered so as to make different, or, as the
case may be, so as to contain, financial arrangements, or

(b)that the agreement does not contain proper financial
arrangements with respect to any child of the family,

then, subject to subsections (3), (4) and (5), that court may by order
make such alterations in the agreement

(i) by varying or revoking any financial arrangements contained in
it, or

(ii) by inserting in it financial arrangements for the benefit of one of
the parties to the agreement or of a child of the family,

as may appear to that court to be just having regard to all the
circumstances, including, if relevant, the matters mentioned in section
7(3); and the agreement shall have effect thereafter as if any alteration
made by the order had been made by agreement between the parties and
for valuable consideration.

(3) The District Court shall not entertain an application under

subsection (1) unless both the parties to the agreement are residenre
in Hong Kong, and shall not have power to make order on


such an application except

(a)in a case where the agreement includes no provision for
periodical payments by eitherthe parties, an order
inserting provision for the making by one of the parties
of periodical payments for the maintenance of the other
party or for the maintenance of any child of the family;

(b)in a case where the agreement includes provision for the making
by one of the parties of periodical payments, an order increasing or
reducing the rate of, or terminating, any of those payments.

(4) Where a court decides to alter, by order under this section, an
agreement by inserting provision for the making or securing by one of
the parties to the agreement of periodical payments for the maintenance
of the other party or by increasing the rate of the periodical payments
which the agreement provides shall be made by one of the parties for the
maintenance of the other, the term for which the payments or, as the
case may be, so much of the payments as is attributable to the increase
are or is to be made under the
agreement as altered by the order shall be such term as the court may
specify, but that term shall not exceed

(a)where the payments will not be secured, the joint lives of the
parties to the agreement or a term ending with the remarriage of
the party to whom the payments are to be made, whichever is
the shorter;





(b)where the payments will be secured, the life of that party or a
term ending with the remarriage of that party, whichever is the
shorter.

(5) Where a court decides to alter, by order under this section, an
agreement by inserting provision for the making or securing by one of
the parties to the agreement of periodical payments for the maintenance
of a child of the family or by increasing the rate of the periodical
payments which the agreement provides shall be made or secured by
one of the parties for the maintenance of such a child, then, in deciding
the term for which under the agreement as altered by the order the
payments or, as the case may be, so much of the payments as is
attributable to the increase are or is to be made or secured for the benefit
of the child, the court shall apply the provisions of section 10(1), (2) and
(3) as if the order to which this subsection relates were an order under
section 5.

(6) For the avoidance of doubt it is hereby declared that nothing in
this section or section 14 affects any power of a court before which any
proceedings between the parties to a maintenance agreement are
brought under any other enactment (including a provision of this
Ordinance) to make an order containing financial arrangements or any
right of either party to apply for such an order in such proceedings.

16. (1) Where a maintenance agreement within the meaning of
section 14 provides for the continuation of payments under the
agreement after the death of one of the parties and that party dies
domiciled in Hong Kong, the surviving party or the personal
representatives of the deceased party may, subject to subsections (2)
and (3), apply to the court for an order under section 15.

(2) An application under this section shall not, except with the
permission of the court, be made after the end of the period of six
months from the date on which representation in regard to the estate of
the deceased is first taken out.

(3) The District Court shall not entertain an application under
this section, or an application for permission to make an application
under this

(4) If a maintenance agreement is altered by a court on an
application made in pursuance of subsection (1), the like consequences
shall ensue as if the alteration had been made immediately before the
death by agreement between the parties and for valuable consideration.

(5) The provisions of this section shall not render the personal
representatives of the deceased liable for having distributed any part of
the estate of the deceased after the expiration of the said period of six
months on the ground that they ought to have taken into account the
possibility that a court might permit an application by virtue of this
section to be made by the surviving party after that





period; but this subsection shall not prejudice any power to recover any
part of the estate so distributed arising by virtue of the making of an
order in pursuance of this section.

(6) Section 11(9) shall apply for the purposes of subsection (2) of
this section as it applies for the purposes of subsection (6) of section 11.

17. (1) Where proceedings for relief under any of the relevant
provisions of this Ordinance (hereafter in this section referred to as
'financial provision') are brought by a person (hereafter in this section
referred to as 'the applicant') against any other person (hereafter in this
section referred to as 'the other party'), the court may, on an application
by the applicant

(a)if it is satisfied that the other party is, with the intention of
defeating the claim for financial provision, about to make any
disposition or to transfer out of the jurisdiction or otherwise
deal with any property, make such order as it thinks fit for
restraining the other party from so doing or otherwise for
protecting the claim;

(b)if it is satisfied that the other party has, with the intention
aforesaid, made a disposition to which this paragraph applies
and that if the disposition were set aside financial provision or
different financial provision would be granted to the applicant,
make an order setting aside the disposition and give such
consequential directions as it thinks fit for giving effect to the
order (including directions requiring the making of any
payment or the disposal of any property);

(c)if it is satisfied, in a case where an order under the relevant
provisions of this Ordinance has been obtained by the
applicant against the other party, that the other party has, with
the intention aforesaid, made a disposition to which this
paragraph applies, make such an order and give such
directions as are mentioned in paragraph (b);

and an application for the purposes of paragraph (b) shall be made in the
proceedings for the financial provision in question.

(2) Paragraphs (b) and (c) of subsection (1) apply respectively
to any disposition made by the other party (whether before or after
the commencement of the proceedings tor financial provision), not
being a disposition made for valuable consideration (other than
marriage) to a person who, at the time of the disposition, acted in
relation to it in good faith and without notice of any such intention
as aforesaid on the part of the other party. 1

(3) Where an application is made under this section with respect to
a disposition which took place less than three years before the date of
the application or to a disposition or other dealing with property which
is about to take place and the court is satisfied





(a)in a case falling within subsection (1)(a) or (b), that the
disposition or other dealing would (apart from this section)
have the consequence, or

(b)in a case falling within subsection (1)(c), that the disposition
has had the consequence,

of defeating the applicant's claim for financial provision, it shall be
presumed, unless the contrary is shown, that the other party disposed
of the property with the intention aforesaid or, as the case may be, is,
with that intention, about to dispose of or deal with the property.

(4) In this section-

'disposition' does not include any provision contained in a will or
codicil but, with that exception, includes any conveyance,
assurance or gift of property of any description, whether made by
an instrument or otherwise;

'the relevant provisions of this Ordinance' means any of the provisions
of sections 3, 4, 5, 6, 8, 11 (except subsection (6)

and 15;

and any reference to defeating an applicant's claim for financial
provision is a reference to preventing financial provision from being
granted to the applicant, or to the applicant for the benefit of a child of
the family, or reducing the amount of any financial provision which
might be so granted, or frustrating or impeding the enforcement of any
order which might be or has been made at the instance of the applicant
under the relevant provisions of this Ordinance.

(5) The provisions of this section shall not apply to a disposition
made more than three years before the commencement of this
Ordinance.

18. (1) The court shall not make absolute a decree of divorce or of
nullity of marriage, or make a decree of judicial separation, unless the
court, by order, has declared that it is satisfied

(a)that for the purposes of this section there are no children of
the family to whom this section applies; or

(b)that the only children who are or may be children of the family
to whom this section applies are the children named in the
order and that

(i) arrangements for the welfare of every child so named
have been made and are satisfactory or are the best that can
be devised in the circumstances; or

(ii) it is impracticable for the party or parties appearing
before the court to make any such arrangements; or

(c)that there are circumstances making it desirable that the decree
should be made absolute or should be made, as the case may
be, without delay notwithstanding that





there are or may be children of the family to whom this section
applies and that the court is unable to make a declaration in
accordance with paragraph (b).

(2) The court shall not make an order declaring that it is satisfied as
mentioned in subsection (1)(c) unless it has obtained a satisfactory
undertaking from either or both of the parties to bring the question of
the arrangements for the children named in the order before the court
within a specified time.

(3) If the court makes absolute a decree nisi of divorce or of nullity
of marriage, or makes a decree of judicial separation, without having
made an order under subsection (1) the decree shall be void but, if such
an order was made, no person shall be entitled to challenge the validity
of the decree on the ground that the conditions prescribed by
subsections (1) and (2) were not fulfilled.

(4) If the court refuses to make an order under subsection (1) in any
proceedings for divorce, nullity of marriage or judicial separation, it
shall, on application by either party to the proceedings, make an order
declaring that it is not satisfied as mentioned in that subsection.

(5) This section. applies to the following children of the family, that
is to say

(a)any minor child of the family who at the date of the order
under subsection (1) is

(i) under the age of sixteen, or

(ii) receiving instruction at an educational establishment or
undergoing training for a trade, profession or vocation,
whether or not he is also in gainful employment; and

(b)any other child of the family to whom the court by an order
under that subsection directs that this section shall apply;

and the court may give such a direction if it is of opinion that there are
special circumstances which make it desirable in the interests of the
child that this section should apply to it.

(6) In this section 'welfare', in relation to a child, includes the
custody and education of the child and financial provision for him.

19. (1) The court may make such order as it thinks fit for the
custody and education of any child of the family who is under the age
of twenty-one

(a)in any proceedings for divorce, nullity of marriage or judicial
separation, before, by or after the final decree;

(b)where such proceedings are dismissed after the beginning of
the trial, either forthwith or within a reasonable period after the
dismissal;





and in any case in which the court has power by virtue of this
subsection to make an order in respect of a child it may instead, if it
thinks fit, direct that proper proceedings be taken for making the child a
ward of court.

(2) Where an order in respect of a child is made under this section,
the order shall not affect the rights over or with respect to the child of
any person, other than a party to the marriage in question, unless the
child is the child of one or both of the parties to that marriage and that
person was a party to the proceedings on the application for an order
under this section.

(3) Where the court makes or makes absolute a decree of divorce or
makes a decree of judicial separation, it may include in the decree a
declaration that either party to the marriage in question is unfit to have
the custody of the children of the family.

(4) Where a decree of divorce or of judicial separation contains
such a declaration as is mentioned in subsection (3), then, if the party to
whom the declaration relates is a parent of any child of the family, that
party shall not, on the death of the other parent, be entitled as of right to
the custody or the guardianship of that child.

(5) While the court has power to make an order in any proceedings
by virtue of paragraph (a) of subsection (1), it may exercise that power
from time to time; and where the court makes an order by virtue of
paragraph (b) of that subsection with respect to a child it may from time
to time until that child attains the age of twenty-one make a further order
with respect to his custody and education.

(6) The court shall have power to discharge or vary an order made
under this section or to suspend any provision thereof temporarily and
to revive the operation of any provision so suspended.

20. (1) Where the court makes an order under section 8, the court
shall also have power from time to time to make such orders as it thinks
fit with respect to the custody of any child of the family who is for the
time being under the age of twenty-one; but the power conferred by this
section and any order made in exercise of that power shall have effect
only as respects any period when an order is in force under that section
and the child is under that age.

(2) Section 19(2) and (6) shall apply in relation to an order made
under this section as they apply in relation to an order made under that
section.

21. No person shall after the commencement of this Ordinance be
entitled to petition the court for restitution of conjugal rights.





22. (1) An order made, or deemed to have been made, under section
28(1)(a) or (b) of the Matrimonial Causes Ordinance shall,
notwithstanding anything in the order, cease to have effect on the
remarriage after the commencement of this Ordinance of the person in
whose favour the order was made, except in relation to any arrears due
under it on the date of such remarriage.

(2) An order for the payment of alimony made, or deemed to have
been made, under section 32 of the Matrimonial Causes Ordinance, and
an order made, or deemed to have been made, under section 33 or 34 of
that Ordinance, shall, if the marriage of the parties to the proceedings in
which the order was made was or is subsequently dissolved or annulled
but the order continues in force, cease to have effect on the remarriage
after the commencement of this Ordinance of the party in whose favour
the order was made, except in relation to any arrears due under it on the
date of such remarriage.

23. (1) Where-

(a)an order to which this section applies has ceased to have effect
by reason of the remarriage of the person entitled to payments
under the order, and

(b)the person liable to make payments under the order or his or
her personal representatives made payments in accordance
with it in respect of a period after the date of such remarriage in
the mistaken belief that the order was still subsisting,

no proceedings in respect of a cause of section arising out of the
circumstances mentioned in paragraphs (a) and (b) shall be maintainable
by the person so liable or his or her personal representatives against the
person so entitled or her or his personal representatives; but on an
application made under this section the court may exercise the powers
conferred on it by subsection (2).

(2) The court may order the respondent to an application made
under this section to pay to the applicant a sum equal to the amount of
the payments made in respect of the period mentioned in subsection
(1)(b) or, if it appears to the court that it would be unjust to make that
order, it may either order the respondent to pay to the applicant such
lesser sum as it thinks fit or dismiss the application.

(3) Subsections (2) to (4) of section 13 shall apply to an application
made under this section and to an order made on such application as
they apply to an application made under that section and to an order
made on the last mentioned application, and the references to the court in
this section shall be construed in accordance with subsection

(3) of section 13 as applied by this subsection.

(4) No officer of a court to which any payments under an order to
which this section applies are required to be made shall be liable for any
act done by him in pursuance of the order after the date on





which that order ceased to have effect by reason of the remarriage
of the person entitled to payments under it, if, but only if, the act
was one which he would have been under a duty to do had the order
not ceased to have effect as aforesaid and the act was done before
notice in writing of the fact that the person so entitled had remarried
was given to him by or on behalf of that person, the person liable
to make payments under the order or the personal representatives
of either of those persons.

(5) This section applies to an order made by virtue of section
4(1)(a) or (b) or 8(6)(a) or (b) and to any such order as is referred
to in subsection (1) or (2) of section 22.

24. The fact that a settlement or transfer of property had to
be made in order to comply with an order of the court under section
6 shall not prevent that settlement or transfer from being a settlement
of property to which section 47(1) of the Bankruptcy Ordinance
(avoidance of certain settlements) applies.

25. (1) Where a petition for divorce, nullity of marriage or
judicial separation has been presented, then, subject to subsection
(2), proceedings under section 3, 4, 5 or 6 may be begun, subject
to and in accordance with rules of court, at any time after the
presentation of the petition; but-

(a)no order under section 4 or 6 shall be made unless a
decree nisi of divorce or of nullity of marriage or a decree
of judicial separation, as the case may be, has been
granted;

(b)without prejudice to the power to give a direction under
section 26, no such order made on or after granting a
decree nisi of divorce or of nullity of marriage, and no
settlement made in pursuance of such an order, shall take
effect unless the decree has been made absolute.

(2) Rules of court may provide, in such cases as may be
prescribed by the rules-

(a)that applications for ancillary relief shall be made in the
petition or answer; and

(b)that applications for ancillary relief which are not so
made, or are not made until after the expiration of such
period following the presentation of the petition or filing
of the answer as may be so prescribed, shall be made
only with the leave of the court.

(3) In subsection (2) 'ancillary relief' means relief under any
of the provisions of sections 3, 4, 5 and 6.





26. Where the court decides to make an order under this Ordinance
requiring any payments to be secured or an order under section 6

(a)it may direct that the matter be referred to the Registrar of the
Supreme Court for him to settle a proper instrument to be executed
by all necessary parties. and

(b)in the case of an order under section 4, 5 or 6, it may, if it thinks fit,
defer the grant of the decree in question until the instrument has been
duly executed.

27. Where the court makes an order under this Ordinance requiring
payments (including a lump sum payment) to be made, or property to be
transferred, to a party to a marriage and the court is satisfied that the person in
whose favour the order is made is incapable, by reason of mental disorder within
the meaning of the Mental Health Ordinance, of managing and administering his
or her property and affairs, then, subject to any order, direction or authority
made or given in relation to that person under the said Ordinance, the court may
order the payments to be made, or, as the case may be, the property to be
transferred, to such persons having charge of that person as the court may
direct.

28. The First Schedule shall have effect for the purpose of the transition to
the provisions of this Ordinance from the law in force before the commencement
of this Ordinance and with respect to the application of certain provisions of
this Ordinance to orders made, or deemed to have been made, under the
Matrimonial Causes Ordinance.

29. Any decree of divorce, nullity of marriage or judicial separation which,
apart from this section, would be Void ol- voidable on the ground only that the
provisions of section 45 of the Matrimonial Causes Ordinance (which restricts
the making of decrees of dissolution or separation where children are affected)
had not been complied with when the decree was made absolute or granted, as
the case may be, shall be deemed always to have been valid unless

(a)before the commencement of this Ordinance the court declared the
decree to be void; or

(b)in proceedings for the annulment of the decree pending at the said
commencement the court declares the decree to be void.

PART III

MISCELLANEOUS PROVISIONS

30. The jurisdiction conferred on the District Court by section
13 or section 23 or gragraph 5 of the First Schedule shall be ex-
ercisable by the District Court notwithstanding that by reason of the amount
claimed in an application made under this Ordinance or the said paraggraph5,
as the case may be, the jurisdiction would not but
for this subsection be exercisable by the District Court.





31. Section 32(3) of the Matrimonial Causes Ordinance (which provides
that in a case of judicial separation certain property of the wife shall if she dies
intestate, devolve as if her husband had then been dead) shall cease to have effect
except in relation to a case where the death occurred before the commencement
of this Ordinance.

32. The Chief Justice may make rules of court for the better carrying out
of the purposes and provisions of this Ordinance.

33. Subject to the provisions of the First Schedule, the provisions of the
Matrimonial Causes Ordinance specified in the Second Schedule are repealed to
the extent set out in the third column of the Second Schedule.

FIRST SCHEDULE [s. 28.1

TRANSITIONAL PROVISIONS AND SAVINGS

General pro provisions

1 Without prejudice to the provisions of section 23 of the Interpretation and
General Clauses Ordinance (which relates to the effect of repeals), nothing in any
repeal made by this Ordinance shall affect any application made, proceeding begun,
order made or deemed to have been made, or direction given or deemed to have
been given, under any provision of the Matrimonial Causes Ordinance repealed by
this Ordinance, and subject to the provisions of this Ordinance

(a)every such application or proceeding which is pending at the
con]mencement of this Ordinance shall have effect as if made or begun
under the corresponding provision of this Ordinance; and

(b)every such order or direction shall, if in force at the commencement of this
Ordinance, continue in force.

Pro visions relating to proceedings for restitution of conjugal rights

2. (1) Sections 2, 7, 25, 27, 33, 42(1), 43, and section 46(1), (4) and (5) of the
Matrimonial Causes Ordinance (hereafter referred to as '*Chapter 179' shall
continue to apply in relation to proceedings for restitution of conjugal rights begun
before the commencement of this Ordinance and in relation to decrees and orders
made in such proceedings so begun.

(2) In subsection (2) of the said section 33, as applied by sub-paragraph (1), the
reference to such a direction as is mentioned in section 28(2)(a) of Chapter 179 shall
be construed as a reference to such a direction as is mentioned in section 26(a) of
this Ordinance.

(3) Notwithstanding the repeal by this Ordinance of section 41 of Chapter 179,
rules of court made by virtue of that section, in so far as they apply to applications
for relief under subsection (1) or (2) of the said section 33 or for relief under
subsection (1) (r) of the said section 46, shall continue to have effect.

Variation, etc. of certain orders made, etc. under the
Matrimonial Causes Ordinance (Cap. 179)

3. (1) Subject to the provisions of this paragraph, section 11 shall apply to an
order (other than an order for the payment of a lump sum) made or deemed to
have been made under any of the following provisions of Chapter 179, that is to say

(a)section 27, except in its application to proceedings for restitution of
conjugal rights,





(b)section 28(1), that subsection as applied by section 28(3) and by section
31,

(c) section 32(1) and section 29(2) as applied by section 32(2),

(d) section 34,

(e)section 46(1)(a) or (b), in so far as it relates to the maintenance of a child,
and section 46(3),

as it applies to the orders mentioned in subsection (2) of the said section 11.

(2) Subject to the provisions of this paragraph, the court hearing an
application for the variation of an order made or deemed to have been made under
any of the provisions of Chapter 179 mentioned in sub-paragraph (1) shall have
power to vary that order in any way in which it would have power to vary it had
the order been made under the corresponding provision of this Ordinance.

(3) The said section 11, as applied by sub-paragraph (1), shall have effect as if
for subsections (4), (5) and (6) thereof there were substituted the following
subsections

'(4) The court shall not exercise the powers conferred by this section in
relation to an order made or deemed to have been made under section 29(2) of
the Matrimonial Causes Ordinance, as applied by section 32(2) thereof, in
proceedings for judicial separation except on an application made in
proceedings

(a) for the rescission of the decree of judicial separation, or

(b)for the dissolution of the marriage of the parties to the proceedings
in which that decree was made.

(5) The court hearing an application for the variation of any order made
or deemed to have been made under section 28(1), 32(1), 34, 46(1)(a) or (b)
or 46(3) of the Matrimonial Causes Ordinance or under the said section 28(1)
as applied by section 28(3) of that Ordinance or by section 31 thereof shall
not have power to vary that order by making an order for the payment of a
lump sum or any such order as is mentioned in section 6 of this Ordinance.

(6) Where the person liable to make payments under a secured periodical
payments order made or deemed to have been made under the said section
28(1), 34 or 46(3) or under the said section 28(1), as applied by the said
section 28(3) or by the said section 31, has died, an application under this
section relating to that order may be made by the person entitled to payments
under the order or by the personal representatives of the deceased person, but
no such application shall, except with the permission of the court, be made
after the end of the period of six months from the date on which
representation in regard to the estate of that person is first taken out.

In this subsection 'secured periodical payments order- means an order
requiring a person to secure an annual sum or periodical payments to some
other person.'.

(4) Section 11 (1) and (3) shall apply to an order made or deemed to have
been made under section 27 of Chapter 179 in its application to proceedings for
restitution of conjugal rights, under section 33 of Chapter 179 or under section
46(1)(c) thereof as they apply to the orders mentioned in subsection (2) of the said
section 11, and in exercising the powers conferred by virtue of this paragraph the
court shall have regard to all the circumstances of the case, including any change in
any of the matters to which the court was required to have regard when making the
order to which the application relates.

4. Section 12 of this Ordinance shall apply in relation to the enforcement of
the payment of arrears due under an order made, or deemed to have been made,






under any of the following provisions of Chapter 179, that is to





say, sections 27, 28, 32, 33, 34 and 46 and section 28 as applied by section 31,
where proceedings to enforce through the court the payment of such arrears are
begun after the commencement of this Ordinance as it applies in relation to the
enforcement of the payment of arrears due under any such order as is mentioned in
that section.

5. An application may be made under this paragraph in relation to an order to
which this paragraph applies in the like circumstances as those in which an
application may be made under section 13, and the provisions of that section shall
apply to such an application and to an order made on such an application as they
apply to an application made under that section and to an order made on the last
mentioned application.

This paragraph applies to an order made, or deemed to have been made, under
any of the following provisions of Chapter 179, that is to say, sections 27,
28(1)(a) and (b), 32(1), 33 and 34, section 28(1)(a) and (b) as applied by section
28(3) and by section 31, section 46(1), in so far as it applies to maintenance, and
section 46(3).

6. Section 19(6) of this Ordinance shall apply in relation to an order for the
custody or education of a child made or deemed to have been made under section
46 of Chapter 179, and in relation to an order for the custody of a child made or
deemed to have been made under section 47 of Chapter 179, as it applies in
relation to an order made under section 19 of this Ordinance.

Avoidance of transactions intended to defeat claims for relief under the
Matrimonial Causes Ordinance (Cap. 179)

7. (1) Section 17 shall apply in relation to proceedings for relief under any of
the following provisions of Chapter 179, that is to say, sections 28, 29(2), 32(1),
34, 36, 43, 46(1)(a) or (b), 46(3) and 47, section 28(1) as applied by section 31
and section 29(2) as applied by section 32(2), where the proceedings are pending at
the commencement of this Ordinance, and in relation to proceedings for relief
under section 33 or 46(1)(c) of Chapter 179, as it applies in relation to proceedings
for relief under any of the provisions of this Ordinance specified in section 17(4).

(2) Without prejudice to sub-paragraph (1), section 17 shall apply in a case
where an order has been obtained under any of the provisions of Chapter 179
mentioned in sub-paragraph (1) as it applies in a case where an order has been
obtained under any of the provisions of this Ordinance specified in section 17(4).

Protection, custody, etc. of children

8. Section 45 of Chapter 179 shall continue to apply, and section 18 of this
Ordinance shall not apply, in relation to any proceedings for divorce or nullity of
marriage in which a decree nisi has been granted but not made absolute before the
commencement of this Ordinance.

9. Where in any such proceedings the court has made an order by virtue of
section 46(1) of Chapter 179 in relation to a child, the court shall have the like
power to make a further order from time to time in relation to that child under
section 5 or 19 of this Ordinance as it has where it makes an order in relation to a
child under subsection (1) of the said section 5 or 19, but nothing in the foregoing
provision shall be taken as affecting the power of the court in any such proceedings
to make an order under either of those sections in relation to any other child, being
a child of the family.

10. Where the court has made an order under section 34 of Chapter 179 the
court shall have the like power to make orders under section 20 of this Ordinance
with respect to the custody of any child of the family as it has where it makes an
order under section 8 of this Ordinance.





SECOND SCHEDULE

REPEALS* [s. 33.]

Short title Extent of Repeal
Matrimonial Causes 1 In section 2, the definitions of 'adopted' and
Ordinance. 'relevant child- except so far as they apply
for the interpretation of section 50(2) of that
Ordinance.
2. Section 7.
3. Section 25.
4. Sections 27 to 31.
5. In section 32, subsections (1) and (2), sub-
section (3) except in relation to a case where
the death occurred before the commencement
of this Ordinance and subsection (4).

6.Sections 33 to 37 except section 37(4) and (5)

as applied by section 40(2) of that Ordinance.

7. Sections 41 to 47.

APPENDIX

SECTIONS OF THE MATRIMONIAL CAUSES ORDINANCE
REPEALED BY THE SECOND SCHEDULE

2. In this Ordinance, unless the context otherwise requires-

',adopted', except in section 35(2), means adopted in pursuance of an adoption
order made under any enactment in force in Hong Kong at any time relating
to the adoption of children or any corresponding imperial enactment.,

',relevant child- means a child who is

(a) a child of both parties to the marriage in question; or

(b)a child of one party to the marriage who has been accepted as one of the
family by the other party,

and in paragraphs (a) and (b) of this definition 'child' includes illegitimate
child and adopted child; and references to a child of the marriage in sections
29, 33(3), 34(2), 46(2) and 50(2) include references to a child adopted by both
parties to the marriage.

7. The court shall have jurisdiction in proceedings for restitution of conjugal
rights under this Ordinance if

(a)both parties to the marriage were domiciled in Hong Kong at the date of
the petition;

(h)the parties had a matrimonial home in Hong Kong at the time when
cohabitation ceased;

(e)both parties to the marriage were resident in Hong Kong at the date of
the petition;

(d)in the case of proceedings by a wife, the wife has been deserted by her
husband or the husband has been deported from Hong Kong under any law
and the husband was immediately before the desertion or deportation
domiciled in Hong Kong; or

Note:For case of reference, the repealed sections of the Matrimonial Causes
Ordinance are reproduced in the Appendix.











(e)either of the parties to the marriage had a substantial connexion with
Hong Kong at the date of the petition. (Added, 68 of 1970, s. 26)

25. (1) A petition for restitution of conjugal rights may be presented to the
court by the husband or the wife; and the court, on being satisfied that

(a) the allegations contained in the petition are true; and

(b)there is no legal ground why a decree for restitution of conjugal rights
should not be granted,

may grant the decree accordingly.

(2) A decree for restitution of conjugal rights shall not be enforced by
imprisonment.

27. On a petition for divorce, nullity of marriage, judicial separation or
restitution of conjugal rights, the court may make such interim orders as it thinks
just for the payment of alimony

(a)in any case other than a case failing within paragraph (b) of this section,
to the wife; and

(b)in the case of a petition for divorce or judicial separation presented by the
wife alleging any such fact as is mentioned in section 11 A(I)(e), where
the court is satisfied on proof of such facts as may be prescribed by rules
that her husband is insane, to the husband. (Replaced, 33 of 1972, s. 18)

28. (1) On granting a decree of divorce or at any time thereafter (whether
before or after the decree is made absolute), the court may, if it thinks fit and
subject to subsection (3), make one or more of the following orders

(a)an order requiring the husband to secure to the wife, to the satisfaction of
the court, such lump or annual sum for any term not exceeding her life as
the court thinks reasonable having regard to her fortune (if any), his
ability and the conduct of the parties;

(b)an order requiring the husband to pay to the wife during their joint lives
such monthly or weekly sum for her maintenance as the court thinks
reasonable;

(c.)an order requiring the husband to pay to the wife such lump sum as the
court thinks reasonable.

(2) Where the court decides to make an order under subsection (1)(a), it may

(a)direct that the matter be referred to the Registrar for him to approve a
proper instrument to be executed by all necessary parties; and

(b)if it thinks fit, defer the grant of the decree until the instrument has been
duly executed.

(3) Where on a petition for divorce presented by the wife, the court grants her
a decree of divorce and holds that the only fact on which she is entitled to rely is
that mentioned in section 11A(1 if the court is satisfied on proof of such facts as
may be prescribed by rules that the husband is insane, subsection (1) shall have
effect with the substitution of references to the wife for references to the husband
and of references to the husband for references to the wife. (Replaced, 33 of 1972,
s. 19)

29. (1) The court may, after granting a decree of divorce-

(a)inquire into the existence of ante-nuptial or post-nuptial settlements
made on the parties whose marriage is the subject of the decree; and







(b)make such orders as the court thinks fit as respects the application, for
the benefit of the children of the marriage or the parties to the marriage,
of the whole or any part of the property settled;





and the court may exercise its powers under the foregoing provisions of this section
notwithstanding that there are no children of the marriage.

(2) Where on a petition for divorce presented by the husband-

(a)the husband satisfies the court of any such fact as is mentioned in section
HA(I)(a), (b) or (e);

(b) the court grants him a decree of divorce; and

(e)it appears to the court that the wife is entitled to any property either in
possession or in reversion,

the court may, if it thinks fit, order such settlement as it thinks reasonable to be
made of the property, or of any part of it, for the benefit of the husband and of the
children of the marriage or either or any of them. (Replaced, 33 of 1972,s.20)

30. (1) Where a petition for divorce has been presented, proceedings under the
foregoing provisions of this Ordinance may be begun, subject to and in accordance
with rules, at any time after the presentation of the petition; but

(a)no order under section 28 or 29 shall be made unless a decree nisi has been
granted;

(b)without prejudice to the power to give directions under section 28(2)(a),
no such order and no settlement made in pursuance of such an order shall
take effect unless the decree has been made absolute.

(2) Subsection (1) shall have effect notwithstanding anything in the foregoing
provisions of this Ordinance but subject to section 41.

31. Section 28(1) and (2) and section 29(1) and, so far as it relates to those
provisions, section 30 shall apply in relation to nullity of marriage as they apply in
relation to divorce but as if the reference in section 28(1) to section 28(3) were
omitted.

32. (1) On granting a decree of judicial separation or at any time thereafter the
court may make such order as it thinks just for the payment of alimony or a lump
sum or both

(a)in any case other than a case falling within paragraph (b) of this
subsection, to the wife; and

(b)in a case where the petition is presented by the wife and the court holds
that the only fact on which she is entitled to rely is that mentioned in
section 1 IA(I)(e), if the court is satisfied on proof of such facts as may be
prescribed by rules that the husband is insane, to the husband. (Replaced,
33 of 1972, s. 21)

(2) Section 29(2) shall apply in relation to judicial separation as it applies in
relation to divorce.

(3) In a case of judicial separation-

(a)any property which is acquired by or devolves upon the wife on or after
the date of the decree whilst the separation continues; and

(b)where the decree is obtained by the wife, any property to which she is
entitled for an estate in remainder or reversion on the date of the decree,

shall, if she dies intestate, devolve as if her husband had then been dead.

(4) If in a case of judicial separation alimony has been ordered to be paid under
the foregoing provisions of this Ordinance and has not been duly paid by the
husband, he shall be liable for necessaries supplied for the use of the wife.







(5) Section 28(1)(a) and subsections (2) and (3) thereof shall apply in relation
to judicial separation as they apply in relation to divorce. (Added, 25 of 1967, s. 2)





33. (1) Where a decree for restitution of conjugal rights is made on the
application of the wife, the court may

(a)make such order as it thinks just for the payment of alimony to the wife;

(b)on making the decree or at any time thereafter, order the husband to pay
to the wife, if the decree is not complied with within the time specified by
the court, such periodical payments as the court thinks just.

(2) Where the court makes an order under subsection (1)(b)-

(a)the order may be enforced in the same manner as an order for alimony
and

(b)the court may, if it thinks fit, order that the husband shall, to the
satisfaction of the court, secure the periodical payments to the wife, and
may for that purpose give such a direction as is mentioned in section
28(2)(a).

(3) Where a decree for restitution of conjugal rights is made on the application
of the husband and it appears to the court that the wife is entitled to any property,
either in possession or reversion, or is in receipt of any profits of trade or earnings,
the court may

(a)order a settlement of the property or any part of it to be made to the
satisfaction of the court for the benefit of the husband and of the children
of the marriage or either or any of them; or

(b)order such part of the profits or earnings as the court thinks reasonable to
be paid periodically by the wife to the husband for his own benefit, or to
him or another person for the benefit of the children of the marriage or
either or any of them.

34. (1) Where-

(a)a husband has been guity of wilful neglect to provide reasonable
maintenance for his wife or any child to whom this subsection applies;
and

(b)the court would have jurisdiction to entertain proceedings by the wife for
judicial separation,

then, without prejudice to the provisions of section 47(2), the court may on the
application of the wife order the husband to make to her such periodical payments
as may be just.

(2) Subsection (1) applies to any infant child of the marriage in question and
any infant illegitimate child of both parties to the marriage.

(3) Where the court makes an order under subsection (1)-

(a)the order may be enforced in the same manner as an order for alimony in
proceedings for judicial separation; and

(b)the court may, if it thinks fit, order that the husband shall, to the
satisfaction of the court, secure the periodical payments to the wife and
may for that purpose give such a direction as is mentioned in section
28(2)(a).

35. (1) If a maintenance agreement includes a provision purporting to restrict
any right to apply to a court for an order containing financial arrangements, then

(a) that provision shall be void; but

(b)any other financial arrangements contained in the agreement shall not






thereby be rendered void or unenforceable and shall, unless they are void
or unenforceable for any other reason (and subject to sections 36 and 37),
be binding on the parties to the agreement.





(2) In this section and section 36-

'child of the marriage' includes any child of both parties to the marriage, whether
legitimate or not, and any child adopted by both parties to the marriage;

'financial arrangements' means provisions governing the rights and liabilities
towards one another when living separately of the parties to a marriage
(including a marriage which has been dissolved or annulled) in respect of the
making or securing of payments or the disposition or use of any property,
including such rights and liabilities with respect to the maintenance or
education of any child, whether or not a child of the marriage; and

'maintenance agreement' means any agreement in writing made, whether before or
after the commencement of this Ordinance, between the parties to a marriage
for the purposes of their living separately, being

(a)an agreement containing financial arrangement, whether made during the
continuance or after the dissolution or annulment of the marriage; or

(b)a separation agreement which contains no financial arrangements in a
case where no other agreement in writing between the same parties
contains such arrangements.

36. (1) Where a maintenance agreement (other than an agreement made more
than six months after the dissolution or annulment of the marriage) is for the time
being subsisting and the parties to the agreement are for the time being either both
domiciled or both resident in Hong Kong and on an application by either party the
Supreme Court or, subject to subsection (2), a magistrates' court is satisfied either

(a)that by reason of a change in the circumstances in the light of which any
financial arrangements contained in the agreement were made or, as the
case may be, financial arrangements were omitted from it, the agreement
should be altered so as to make different, or as the case may be so as to
contain, financial arrangements; or

(b)that the agreement does not contain proper financial arrangements with
respect to any child of the marriage,

the court to which the application is made may by order make such alterations in
the agreement by varying or revoking any financial arrangements contained in it or
by inserting in it financial arrangements for the benefit of one of the parties to the
agreement or of a child of the marriage as may appear to that court to be just
having regard to all the circumstances or, as the case may be, as may appear to that
court to be just in all the circumstances in order to secure that the agreement
contains proper financial arrangements with respect to any child of the marriage;
and the agreement shall have effect thereafter as if any alteration made by the
order had been made by agreement between the parties and for valuable
consideration.

(2) A magistrates' court shall not entertain an application under subsection (1)
unless both the parties to the agreement are resident in Hong Kong and shall not
have power to make any order on such an application except

(a)in a case where the agreement includes no provision for periodical
payments by either of the parties, an order inserting provision for the
making by one of the parties of periodical payments

(i) for the maintenance of the other party, at a rate not exceeding five
hundred dollars a month;

(ii) for the maintenance of any child of the marriage, at a rate not
exceeding one hundred and fifty dollars a month in respect of each such
child;

(b)in a case where the agreement includes provision for the making by one






of the parties of periodical payments at rates not exceeding those
aforesaid, an order increasing to such higher rate not exceeding the
appropriate rate aforesaid, or reducing the rate of, or terminating, any of
those payments.





(3) For the avoidance of doubt it is hereby declared that nothing in this section
or section 35 affects any power of the court before which any proceedings between
the parties to a maintenance agreement are brought under any other enactment
(including a provision of this Ordinance) to make an order containing financial
arrangements or any right of either party to apply for such an order in such
proceedings.

37. (1) Where a maintenance agreement within the meaning of section 35
provides for the continuation of payments under the agreement after the death of
one of the parties and that party dies domiciled in Hong Kong, the surviving party
may

(a)before the end of the period of six months from the date when
representation in regard to the deceased's estate is first taken out; or

(b)with the permission of the court, after the end of that period but before
the administration and distribution of the estate is completed,

apply to the Supreme Court for any order under section 36(1) for which the
surviving party might have applied immediately before the death.

(2) If a maintenance agreement is altered by the court on an application made
in pursuance of subsection (1), the like consequences shall ensue as if the alteration
had been made immediately before the death by agreement between the parties and
for valuable consideration.

(3) The provisions of this section shall not render the personal representatives
of the deceased liable for having distributed any part of the estate of the deceased
after the expiration of the said period of six months on the ground that they ought
to have taken into account the possibility that the court might permit an
application by virtue of this section after that period; but this subsection shall not
prejudice any power to recover any part of the estate so distributed arising by virtue
of the making of an order in pursuance of this section.

(4) In considering for the purposes of subsection (1) the question when
representation was first taken out, a grant limited to settled land or to trust
property shall be left out of account, and a grant limited to real estate or to
personal estate shall be left out of account unless a grant limited to the remainder
of the estate has previously been made or is made at the same time.

(5) For the purposes of any law which relates to the discretion of the court as
to the persons to whom administration is to be granted, a person by whom an
application is proposed to be made by virtue of this section shall be deemed to be a
person interested in the deceased's estate.

41. (1) Rules may provide, in such cases as may be prescribed by the rules

(a)that all applications for ancillary relief shall be made in the petition or
answer; or

(b)that applications for ancillary relief which are not so made shall be made
only with the leave of the court.

(2) In subsection (1), 'ancillary relief' means relief tinder any of the following
provisions, that is to say, section 27, subsection (1) of section 28, that subsection
as applied by section 28(3) and by section 31, section 32(1) and section 33(1) and
(2).

42. (1) Where the court makes an order for alimony, it may-

(a)direct the alimony to be paid either to the wife or husband, as the case
may be, or to a trustee approved by the court on her or his behalf; and

(b) impose such terms or restrictions as the court thinks expedient; and







(c)from time to time appoint a new trustee if for any reason it appears to
the court expedient to do so.





(2) Where-

(a)a petition for divorce or judicial separation is presented by a wife and the
court is satisfied on proof of such facts as may be prescribed by rules that
her husband is insane;

(b)a petition for divorce or judicial separation is presented by a husband and
the court is satisfied on proof of such facts as may be prescribed by rules
that his wife is insane; or

(c)a petition for nullity is presented by a husband on the ground of his wife's
insanity or mental deficiency or disorder,

and the court orders payments, other than a lump sum payment, in favour of the
respondent under sections 27, 28(1), section 28(1) as applied by section 28(3) or
by section 31, or under section 32(1), the court may order the payments to be
made to such persons having charge of the respondent as the court may direct.
(Replaced, 33 of 1972, s. 22)

43. (1) Where the court has made an order under section 33(3) or section 34
or any of the provisions mentioned in section 41(2) (other than an order for the
payment of a lump sum), the court shall have power to discharge or vary the order
or to suspend any provision thereof temporarily and to revive the operation of any
provision so suspended.

(2) The powers exercisable by the court under this section in relation to an
order shall be exercisable also in relation to any instrument executed in pursuance
of the order.

(3) In exercising the powers conferred by this section the court shall have
regard to all the circumstances of the case, including any increase or decrease in the
means of either of the parties to the marriage.

44. (1) Where proceedings for relief under any of the relevant provisions of
this Ordinance (hereafter in this section referred to as 'financial relief---) are
brought by a person against his or her spouse or former spouse (hereafter in this
section referred to as 'the other party'), the court may, on an application by that
person

(a)if it is satisfied that the other party is, with the intention of defeating the
claim for financial relief, about to make any disposition or to transfer out
of the jurisdiction or otherwise deal with any property, make such order
as it thinks fit for restraining the other party from so doing or otherwise
for protecting the claim;

(b)if it is satisfied that the other party has, with the intention aforesaid,
made a disposition to which this paragraph applies and that if the
disposition were set aside financial relief or different financial relief would
be granted to the applicant, make an order setting aside the disposition
and give such consequential directions as it thinks fit for giving effect to
the order (including directions requiring the making of any payment or
the disposal of any property);

(c)if it is satisfied, in a case where an order under the relevant provisions of
this Ordinance has been obtained by the applicant against the other party,
that the other party has, with the intention aforesaid, made a disposition
to which this paragraph applies, make such an order and give such
directions as are mentioned in paragraph (b);

and an application for the purposes of paragraph (b) shall be made in the
proceedings for tile financial relief in question.

(2) Subsection (1)(b) and (c) apply respectively to a disposition made by the
other party (whether before or after the commencement of the proceedings for
financial relief) within the period of three years ending with the date of the






application made for the purposes of the paragraph in question, not being a
disposition made for valuable consideration (other than marriage) to a person who,
at the time of the disposition, acted in relation to it in good faith and without
notice of any such intention as aforesaid on the part of the other party.





(3) Where an application is made under this section with respect to a
disposition or other transaction and the court is satified

(a)in a case failing within subsection (1)(a) or (b), that the disposition or
other transaction would (apart from this section) have the consequence;
or

(b)in a case falling within subsection (1)((.), that the disposition has had the
consequence,

of defeating the applican't claim for financial relief, the disposition shall be
presumed, unless the contrary is shown, to have been made by the other party with
the intention aforesaid.

(4) In this section-

'disposition' does not include any provision contained in a will or codicil but, with
that exception, includes any conveyance, assurance or gift of property of any
description, whether made by an instrument or otherwise;

'property' has the same meaning as in section 38; and

---therelevant provisions of this Ordinance' means any of the provisions of the
following enactments, that is to say, section 28, section 29(2), section 32(1),
sections 33 and 34, and section 28(1) as applied by section 31 and section
29(2) as applied by section 32(2),

and any reference to defeating an applicant's claim for financial relief is a reference
to preventing financial relief from being granted to the applicant or reducing the
amount of any financial relief which might be so granted, or frustrating or
impeding the enforcement of any order which might be made at the instance of the
applicant under the relevant provisions of this Ordinance.

45. (1) Notwithstanding anything in this Ordinance but subject to subsection
(2), the court shall not make absolute a decree of divorce or nullity of marriage or
make a decree of judicial separation, unless it is satisfied as respects every relevant
child who is under sixteen that

(a)arrangements for his care and upbringing have been made and are
satisfactory or are the best that can be devised in the circumstances; or

(b)it is impracticable for the party or parties appearing before the court to
make any such arrangements.

(2) The court may if it thinks fit proceed without observing the requirements
of subsection (1) if

(a)it appears that there are circumstances making it desirable that the decree
should be made absolute or should be made, as the case may be, without
delay; and

(b)the court has obtained a satisfactory undertaking from either or both of
the parties to bring the question of the arrangements for the children
before the court within a specified time.

46. (1) Subject to subsection (6), the court may make such order as it thinks
just for the custody, maintenance and education of any relevant child

(a)in any proceedings for divorce, nullity of marriage or judicial separation,
before, by or after the final decree;

(b)where such proceedings are dismissed after the beginning of the trial,
either forthwith or within a reasonable period after the dismissal;

(c)in any proceedings for restitution of conjugal rights, before the decree or,






if the respondent fails to comply with the decree, after the decree,





and in any case in which the court has power by virtue of paragraph (a) to make an
order in respect of a child it may instead, if it thinks fit, direct that proper
proceedings be taken for placing the child under the protection of the court.

(2) Where the court makes or makes absolute a decree of divorce or makes a
decree of judicial separation, it may include in the decree a declaration that the
parent by reason of whose misconduct the decree is made is unfit to have the
custody of the children of the marriage; and the parent to whom the declaration
relates shall not, on the death of the other parent, be entitled as of right to the
custody or the guardianship of the children of the marriage.

(3) Subject to subsection (6), on granting a decree of divorce or nullity of
marriage or at any time thereafter (whether before or after the decree is made
absolute) the court may make an order

(a) in any case, requiring the husband, and

(b)in the case of a decree of divorce made in favour of a wife where the court
holds that the only fact on which she is entitled to rely is that mentioned
in section 11A(1)(e) and the court is satisfied on proof of such facts as
may be prescribed by rules that her husband is insane, requiring the wife,
(Replaced, 33 of 1972, s. 23)

to secure for the benefit of the relevant children such lump or annual sum as the
court thinks reasonable, and may for that purpose give such a direction as is
mentioned in section 28(2)(a); but the term for which any sum is secured for the
benefit of a child in pursuance of this subsection shall not extend beyond the date
when the child will become twenty-one.

(4) In considering whether any and what order should be made under this
section for requiring any party to make any payment towards the maintenance or
education of a relevant child, within the meaning of paragraph (b) of the definition
thereof, who is not his own, the court shall have regard

(a)to the extent (if any) to which that party had, on or after the acceptance
of the child as one of the family, assumed responsibility for the child's
maintenance; and

(b)to the liability of any person other than a party to the marriage to
maintain the child.

(5) While the court has power to make an order in any proceedings by virtue
of subsection (1)(a) or (e), it may exercise that power from time to time; and
where the court makes an order by virtue of subsection (1)(b) with respect to a
child it may from time to time make a further order with respect to his custody,
maintenance and education.

(6) Section 30 (including that section as applied by section 31) shall apply to
proceedings and orders under subsection (3) as it applies to such proceedings and
orders as are mentioned in section 30; and section 41(1) shall apply to relief under
subsections (1) and (3) of this section (other than relief under subsection (1)(b)) as
it applies to ancillary relief within the meaning of section 41.

(7) Section 44 shall apply to relief under this section as if for references in
that section to the relevant provisions of this Ordinance there were substituted
references to this section.

47. (1) Where the court makes an order under section 34(1), the court shall
also have jurisdiction from time to time to make such order as appears just with
respect to the custody of any child to whom that subsection applies; but the
jurisdiction conferred by this subsection and any order made in exercise of that
jurisdiction shall have effect only as respects any period when an order is in force
under that subsection.





(2) In any case where the court would have power, on an application made
under section 34(1), to order the husband to make to the wife periodical pay-
ments for the maintenance of a child to whom that subsection applies, the
court may, if it thinks fit, order those payments to be made to the child, or to
any other person for the benefit of the child, instead of to the wife; and the
reference to the wife in section 34(3) shall be construed accordingly.

(3) Section 44 shall apply to relief under this section as if for references
in that section to the relevant provisions of this Ordinance there were sub-
stituted references to this section.

(4) Without prejudice to any power to include, in any order under this
Ordinance for the custody, maintenance and education of a child, provision
for access to him, the reference to custody of a child in subsection (1) includes
a reference to access to the child.
Originally 39 of 1972. Short title. Interpretation. 1970 c. 45, s. 27. (Cap. 179.) Maintenance pending suit in cases of divorce, etc. 1970 c. 45, s. 1 Financial provision for party to a marriage in cases of divorce, etc. 1970 c. 45, s. 2. Financial provision for child of the family in cases of divorce, etc. 1970 c. 45, s. 3. Orders for transfer and settlement of property and for variation of settlements in cases of divorce, etc. 1970 c. 45, s. 4. Matters to which court is to have regard in deciding what orders to make under sections 4, 5 and 6. 1970 c. 45, s. 5. Neglect by party to marriage to maintain other party or child of the family. 1970 c. 45, s. 6. Duration of certain orders made in favor of party to marriage and effect of remarriage. 1970 c. 45, s. 7. Provisions as to powers of court to make orders in favor of children and duration of such orders. 1970 c. 45, s. 8. Variation, discharge, etc. of orders for financial provision. 1970 c. 45, s. 9. Payment of certain arrears unenforceable without the leave of the court. 1970 c. 45, s. 10. Power of court to order sums paid under certain orders to be repaid in certain cases. 1970 c. 45, s. 11. Validity of maintenance agreements. 1970 c. 45, s. 13. Alteration of agreements by court during lives of parties. 1970 c. 45, s. 14. Alteration of agreements by court after death of one party. 1970 c. 45, s. 15. Avoidance of transactions intended to defeat certain claims. 1970 c. 45, s. 16. Restrictions on decrees for dissolution, annulment or separation affecting children. 1970 c. 45, s. 17. Orders for custody and education of children affected by matrimonial suits. 1970 c. 45, s. 18. Orders for custody of children in cases of neglect to maintain. 1970 c. 45, s. 19. Abolition of right to claim restitution of conjugal rights. 1970 c. 45, s. 20. Settlement, etc., made in compliance with order under s. 6 may be avoided on bankruptcy of settlor. 1970 c. 45, s. 23. (Cap. 6.) Commencement of proceedings for financial provision orders, etc. 1970 c. 45, s. 24. Direction for instrument to be settled by the Registrar. 1970 c. 45, s. 25. Payments etc., under order made in favor of person suffering from mental disorder. 1970 c. 45, s. 26. (Cap. 136.) Transitional provisions and savings. 1970 c. 45, s. 28. First schedule. (Cap. 179.) Validation of certain void or voidable decrees. 1970 c. 45, s. 29. (Cap. 179.) jurisdiction of, and appeal on question of fact from, District Court. 1970 c. 45, s. 34. Devolution of property on intestacy of separated spouse. (Cap. 179.) 1970 c. 45, s. 40(3). Rules of court. Repeals. (Cap. 179.) Second Schedule. (Cap. 1.) (Cap. 179.) (Cap. 179.) Interpretation. 1965 c. 72, s. 46(2). Jurisdiction in restitution of conjugal rights. 1965 c. 72, s. 40(1). Restitution of conjugal rights. 1965 c. 72, s. 13. Interim orders for alimony. 1965 c. 72, s. 15. Maintenance orders. 1965 c. 72, s. 16. Application of settled and other property. 1965 c. 72, s. 17. Commencement of proceedings with respect to maintenance and settlements. 1965 c. 72, s. 18. Nullity. 1965 c. 72, s. 19. Judicial separation. 1965 c. 72, s. 20. Restitution of conjugal rights. 1965 c. 72, s. 21. Neglect to maintain. 1965 c. 72, s. 22. Validity of maintenance agreements. 1965, c. 72, s. 23. Alteration of agreements by court during lives of parties. 1965 c. 72, s. 24. Alteration of agreements by court after death of one party. 1965 c. 72, s. 25. Applications for ancillary relief. 1965 c. 72, s. 29. Payment of alimony or maintenance to trustees, etc. 1965 c. 72, s. 30. Variation and discharge of certain orders for relief. 1965 c. 72, s. 31. Avoidance of transactions intended to prevent relief. 1965 c. 72, s. 32. Restrictions on decrees for dissolution or separation affecting children. 1965 c. 72, s. 33. Custody and maintenance of children affected by matrimonial suits. 1965 c. 72, s. 34. Custody etc. of children in cases of neglect. 1965 c. 72, s. 35.

Originally 39 of 1972. Short title. Interpretation. 1970 c. 45, s. 27. (Cap. 179.) Maintenance pending suit in cases of divorce, etc. 1970 c. 45, s. 1 Financial provision for party to a marriage in cases of divorce, etc. 1970 c. 45, s. 2. Financial provision for child of the family in cases of divorce, etc. 1970 c. 45, s. 3. Orders for transfer and settlement of property and for variation of settlements in cases of divorce, etc. 1970 c. 45, s. 4. Matters to which court is to have regard in deciding what orders to make under sections 4, 5 and 6. 1970 c. 45, s. 5. Neglect by party to marriage to maintain other party or child of the family. 1970 c. 45, s. 6. Duration of certain orders made in favor of party to marriage and effect of remarriage. 1970 c. 45, s. 7. Provisions as to powers of court to make orders in favor of children and duration of such orders. 1970 c. 45, s. 8. Variation, discharge, etc. of orders for financial provision. 1970 c. 45, s. 9. Payment of certain arrears unenforceable without the leave of the court. 1970 c. 45, s. 10. Power of court to order sums paid under certain orders to be repaid in certain cases. 1970 c. 45, s. 11. Validity of maintenance agreements. 1970 c. 45, s. 13. Alteration of agreements by court during lives of parties. 1970 c. 45, s. 14. Alteration of agreements by court after death of one party. 1970 c. 45, s. 15. Avoidance of transactions intended to defeat certain claims. 1970 c. 45, s. 16. Restrictions on decrees for dissolution, annulment or separation affecting children. 1970 c. 45, s. 17. Orders for custody and education of children affected by matrimonial suits. 1970 c. 45, s. 18. Orders for custody of children in cases of neglect to maintain. 1970 c. 45, s. 19. Abolition of right to claim restitution of conjugal rights. 1970 c. 45, s. 20. Settlement, etc., made in compliance with order under s. 6 may be avoided on bankruptcy of settlor. 1970 c. 45, s. 23. (Cap. 6.) Commencement of proceedings for financial provision orders, etc. 1970 c. 45, s. 24. Direction for instrument to be settled by the Registrar. 1970 c. 45, s. 25. Payments etc., under order made in favor of person suffering from mental disorder. 1970 c. 45, s. 26. (Cap. 136.) Transitional provisions and savings. 1970 c. 45, s. 28. First schedule. (Cap. 179.) Validation of certain void or voidable decrees. 1970 c. 45, s. 29. (Cap. 179.) jurisdiction of, and appeal on question of fact from, District Court. 1970 c. 45, s. 34. Devolution of property on intestacy of separated spouse. (Cap. 179.) 1970 c. 45, s. 40(3). Rules of court. Repeals. (Cap. 179.) Second Schedule. (Cap. 1.) (Cap. 179.) (Cap. 179.) Interpretation. 1965 c. 72, s. 46(2). Jurisdiction in restitution of conjugal rights. 1965 c. 72, s. 40(1). Restitution of conjugal rights. 1965 c. 72, s. 13. Interim orders for alimony. 1965 c. 72, s. 15. Maintenance orders. 1965 c. 72, s. 16. Application of settled and other property. 1965 c. 72, s. 17. Commencement of proceedings with respect to maintenance and settlements. 1965 c. 72, s. 18. Nullity. 1965 c. 72, s. 19. Judicial separation. 1965 c. 72, s. 20. Restitution of conjugal rights. 1965 c. 72, s. 21. Neglect to maintain. 1965 c. 72, s. 22. Validity of maintenance agreements. 1965, c. 72, s. 23. Alteration of agreements by court during lives of parties. 1965 c. 72, s. 24. Alteration of agreements by court after death of one party. 1965 c. 72, s. 25. Applications for ancillary relief. 1965 c. 72, s. 29. Payment of alimony or maintenance to trustees, etc. 1965 c. 72, s. 30. Variation and discharge of certain orders for relief. 1965 c. 72, s. 31. Avoidance of transactions intended to prevent relief. 1965 c. 72, s. 32. Restrictions on decrees for dissolution or separation affecting children. 1965 c. 72, s. 33. Custody and maintenance of children affected by matrimonial suits. 1965 c. 72, s. 34. Custody etc. of children in cases of neglect. 1965 c. 72, s. 35.

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