1972 Ed.]
Matrimonial Proceedings and Property
[CAP. 192
17
(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
Restrictions on decrees for dissolution, annulment or separation affecting children. 1970 c. 45, s. 17.