1967-HKRS28-8-34_Part01 — Page 10

Neglect to maintain.

1965. c. 72, s. 22.

Validity of MaintenanCE

1965, c. 72.

S. 23.

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(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 paragraph (a) of subsection (2) of section 28. (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 count for the benefit of the husband and of the children of the marriage or either or any of them; or

(6) 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 guilty of wilful neglect to provide reason- able maintenance for his wife or any child to whom this subsection applies; and

(5) the court would have jurisdiction to entertain proceedings by

the wife for judicial separation,

then, without prejudice to the provisions of subsection (2) of section 47, the court may on the application of the wife order the busband to make to ber 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 sball, 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 paragraph (a) of subsection (2) of section 28.

35. (1) If a maintenance agreement includes a provision purport- ing 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

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(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 Habilities 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, be- tween 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 arrange- ments 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. Alteration of made more than six months after the dissolution or annulment of the agreements by

court during marriage) is for the time being subsisting and the parties to the agree lives of ment are for the time being either both domiciled or both resident in parties.

1965, c. 72, Hong Kong and on an application by either party the Supreme Court or,

S. M4. 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 bancial arrangements contained in the agree - ment 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 arrange-

ments 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