XN000022-1996-08-07 — Page 3

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The working group recommended that all uncontested divorces should fall under this list, no matter what the grounds of divorce are and whether or not there are children of the family. Such arrangement will save parties concerned from an emotional, embarrassing and sometimes humiliating experience.

If matters of custody, ancillary relief or costs are still to be resolved, the solicitors acting for the petitioners will be required to seek a separate private hearing date for those issues.

The proposed arrangement for uncontested cases would allow the court to focus on the substantive issue of children's welfare by having a private hearing during which that matter can be canvassed in a more informal and relaxed atmosphere.

On the duration of the maintenance orders for children, the working group noted that existing legislation stipulates a period until the children reach 16, or where the court thinks it right in the circumstances of the case, a longer period which may be specified in the order.

With the development of the education system in Hong Kong, most children now remain financially dependent at the age of 16.

As the court seldom specifies a longer duration in the maintenance order, it is necessary for applications for an extension of the duration of such orders to be lodged with additional costs on the paying party.

The working group therefore recommended legislative amendment so that the duration of maintenance orders for children would be from the date of application to the date when the children attain the age of 16 or until such time they complete full time education, whichever is the later.

Other recommendations include empowering the court to make orders for attachment of earnings in matrimonial proceedings and to order the sale of matrimonial property in cases where it deems fit.

The working group also considered a proposal to introduce mediation in family disputes.

Members of the working group strongly supported the concept of promoting mediation services as an option in contested matrimonial proceedings because mediation offers an alternative to adjudication through the court and it could help reduce the need for further litigation. This is also in line with procedures in other countries.