Interpretation.
1970 c. 45. 1. 27.
(0 179,7
Maintenance pending suit
in cases of divorce, etc.
1970 *. 45. & 1.
2.
requires-
2
(1) In this Ordinance unless the context otherwise
"adopted" means adopted in pursuance of an adoption order made under any enactment in force in Hong Kong at any time celating 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 Ordin- ance, 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 main- tenance 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.
3
4. (1) On granting a decree of divorce, a decree of nullity of marriage or a decree of judicial separation or at any time there- after (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 (1)(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.
Financial pro- vision for party to a marriage in cases of divorce, etc.
1970 2. 45, 1. 2.
5. (1) Subject to the provisions of section 10, in proceed- Financial pro- ings for divorce, nullity of marriage or judicial separation, the court may make any one or more of the arders mentioned in subsection (2)-—-
(a) before or on granting the decree of divorce, of nullity of 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 reason- able period after the dismissal.
vision for child of the family in cases of divorce, etc. 1970 2. 43. M. 3.