THURSDAY, AUGUST 23, 1984
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THE FINANCIAL CONSEQUENCES OF DIVORCE, TOGETHER WITH THE MOVEMENT TOWARDS EQUALITY. HAD BEEN CONSIDERED IN THE UNITED KINGDOM AND HAD RESULTED IN THE MATRIMONIAL AND FAMILY PROCEEDINGS BILL 1984.
REFERRING TO ONE ASPECT OF THE BILL, HE SAID IT SEEKS TO INTRODUCE A CLEAN BREAK, FINANCIALLY BETWEEN DIVORCED PARTIES AND TO TREAT THE PARTIES TO A MARRIAGE EQUALLY IN THAT REGARD. THE +CLEAN BREAK+ PHILOSOPHY ALREADY FORMED PART OF FAMILY LAW OF SOME OF THE SCANDINAVIAN COUNTRIES AND HAD COME INTO LAW IN AUSTRALIA IN THE AUSTRALIAN FAMILY LAW ACT 1975.
THIS, HOWEVER, DID NOT AFFECT THE ONGOING OBLIGATION OF THE PARTIES TO MAINTAIN THE CHILDREN OF THEIR MARRIAGE.
+THE EMPHASIS IS PLACED ON THE DESIRABILITY OF THE PARTIES BECOMING SELF-SUFFICIENT SO FAR AS IS POSSIBLE. THIS IS IN ACCORDANCE WITH THE GENERAL TREND TOWARDS EQUALITY,+ MR THOMAS SA ID.
THERE WERE, HOWEVER, MANY CONSIDERATIONS WHICH HAD TO BE PONDERED BEFORE SUCH LEGISLATION WAS INTRODUCED IN HONG KONG.
MR THOMAS SAID SOME CONSIDERATIONS ARE:
* IS IT APPROPRIATE IN HONG KONG, WHERE, HE WAS TOLD,
CUSTOM AND TRADITION MAKE THE PROSPECTS OF A WOMAN REMARRYING AFTER DIVORCE MORE DIFFICULT THAN IN THOSE COUNTRIES WHICH HAVE INTRODUCED SUCH LEGISLATION?
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IS THERE A NEED FOR THIS TYPE OF LEGISLATION IN HONG KONG WHERE THE EXTENDED FAMILY (INVOLVING GRANDPARENTS AND RELATIVES) IS QUITE COMMON?
IF SUCH LEGISLATION OR SIMILAR LEGISLATION IS APPROPRIATE, SHOULD IT, IN OUR COMMUNITY, PROVIDE FOR PERIODIC SPOUSE MAINTENANCE FOR A PERIOD OF UP TO SAY, FIVE YEARS, AFTER DIVORCE TO ENABLE THE WIFE, FOR EXAMPLE TO UNDERTAKE A COURSE OF EDUCATION OR TRAINING TO ESTABLISH HERSELF
IN A BUSINESS OR OTHERWISE TO OBTAIN AN ADEQUATE INCOME?
IS THE CONCEPT OF ONGOING PERIODIC SPOUSE MAINTENANCE. IN CONTRAST TO THIS +CLEAN BREAK+ TYPE OF LEGISLATION. ONE THAT IS PARTICULARLY SUITED AND APPLICABLE TO OUR COMMUNITY, BEARING IN MIND OUR COMMUNITY, SOCIAL, CULTURAL AND ECONOMIC BACKGROUND?
MR THOMAS SAID THAT HE WAS NOT AT PRESENT ABLE TO PROVIDE ANY ANSWERS TO THESE QUESTIONS.
+1 AM PUTTING THEM FORWARD AT THIS STAGE TO AN AUDIENCE OF WOMEN TO INITIATE DEBATE, HE SAID
/PRELIMINARY CONSIDERATION