1972-HKRS28-16-20_Part03 — Page 7

Restrictions on

decrees for dissolution. annulment or separation affecting children.

1970 2. 45. #. 17.

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(b) in a case falling within subsection (1)(c), that the disposi-

tion 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 pro- visions 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 dis- position 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 decres of judicial separation. unless the court, by order, has declared that it is satisfied--

that for the purposes of this section there are no children of the family to whom this section applies; or

(a)

(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 appear- ing 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

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the case may be, without delay notwithstanding that there are or may be children of the family to whom this section applies and that the court is unable to make a declaration in accordance with paragraph (b).

(2) The court shall not make an order declaring that it is satisfied as mentioned in subsection (1)(c) unless it has obtained a satisfactory undertaking from either or both of the parties to bring the question of the arrangements for the children named in the order before the court within a specified time.

(3) If the court makes absolute a decree nisi of divorce or of nullity of marriage, or makes a decree of judicial separation, without having made an order under subsection (1) the decree shall be void but, if such an order was made. no person shall be entitled to challenge the validity of the decree on the ground that the conditions prescribed by subsections (1) and (2) were not fulfilled.

(4) If the court refuses to make an order under subsection (1) in any proceedings for divorce, nullity of marriage or judicial separation, it shall, on application by either party to the proceedings, make an order declaring that it is not satisfied as mentioned in that subsection.

(5) This section applies to the following children of the family, that is to say-

(a) any minor child of the family who at the date of the

order under subsection (1) is-

(i) under the age of sixteen, or

(ii) receiving instruction at an educational establish- ment or undergoing training for a trade, profession or vocation, whether or not he is also in gainful employ- ment; and

(b) any other child of the family to whom the court by an order under that subsection directs that this section shall apply:

and the court may give such a direction if it is of opinion that there are special circumstances which make it desirable in the interests of the child that this section should apply to iL

(6) In this section "welfare", in relation to a child, includes the custody and education of the child and financial provision for him.