Alteration of
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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-
(4) 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-
() for the maintenance of the other party, at a rate not exceeding five hundred dollars a month;
(i) for the maintenance of any child of the marriage, at e 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 got exceeding the appropriate rate aforesaid, or reducing the rate of, or teminating, 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 agreements by section 35 provides for the continuation of payments under the agree
ment after the death of one of the parties and that party dies domiciled in Hong Kong, the surviving party may-
court after death of one party.
1965, 72,
8. 15.
(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
qui; or
(6) 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 subsection (1) of section 36 for which the surviving party might have applied immediately before the death.
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(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 graar limited to settled fand 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 bas 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.
38. (1) Where a person dies domiciled in Hong Kong and is Orders for survived by a former spouse of his or hers (hereafter in this section maintenance
from referred to as "the survivor") who has not remarried, the survivor may-
(a) before the end of the period of six months beginning with the date on which representation in regard to the estate of the deceased is first taken out; or
(6) with the permission of the court, after the end of that period bui before the administration and distribution of the estate is completed,
apply to the court for an order under this section on the ground that the deceased has not made reasonable provision for the survivor's main- tenance after the deceased's death.
(2) If on an application under this section the court is satisfied–– (a) that it would have been reasonable for the deceased to make
provision for the survivor's maintenance; and
(b) that the deceased has made no provision, or has not made
reasonable provision, for the survivor's maintenance,
the court may order that such reasonable provision for the survivor's maintenance as the court thinks fit shall be made out of the net estate
deceased's estate.
1965, c. 72, 9. 25.