1964_MATRIMONIAL_CAUSES_ORDINANCE — Page 14

HK Historical Laws 香港歷史法例 All AI Reviewed

Matrimonial Causes

[CAP. 179

1983 Ed.]

(b) rescind the decree nisi; or

(d) otherwise deal with the case as it thinks fit. (Amended, 33

of 1972, s. 9)

(2) Where a decree nisi of divorce has been granted and no application for it to be made absolute has been made by the party to whom it was granted, then, at any time after the expiration of 3 months from the earliest date on which that party could have made such an application, the party against whom it was granted may make an application to the court, and on that application the court may exercise any of the powers mentioned in subsection (1)(a) to (d).

17A. (1) This section shall apply where--

(a) the respondent to a petition for divorce in which the petitioner alleges any such fact as is mentioned in section 11A(1)(d) or (e) has applied to the court under this section for it to consider the financial position of the respondent after the divorce; and

(b) a decree nisi of divorce has been granted on the petition and the court holds that the only fact on which the petitioner is entitled to rely in support of his petition is that mentioned in section 11A(1)(d) or (e).

(2) The court hearing an application by the respondent under subsection (1) shall consider-

(a) all the circumstances, including the age, health, conduct, earning capacity, financial resources and financial obligations of each of the parties; and

(b) the financial position of the respondent as, having regard to the divorce, it is likely to be after the death of the petitioner should the petitioner die first.

(3) Notwithstanding anything in this Ordinance but subject to subsection (4), the court shall not make absolute the decree of divorce if an application has been made under subsection (1), unless it is satisfied that-

(a) the petitioner should not be required to make any financial provision for the respondent; or

(b) the financial provision made by the petitioner for the respondent is reasonable and fair or the best that can be made in the circumstances.

(4) The court may, if it thinks fit, proceed without observing the requirements of subsections (2) and (3) if—

(a) it appears that there are circumstances making it desirable that the decree should be made absolute without delay; and

Financial protection for respondent in certain cases.

1969 c. 55. s. 8.

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Matrimonial Causes [CAP. 179 13 1983 Ed.] (b) rescind the decree nisi; or (c) require further inquiry, or (d) otherwise deal with the case as it thinks fit. (Amended, 33 of 1972, s. 9) (2) Where a decree nisi of divorce has been granted and no application for it to be made absolute has been made by the party to whom it was granted, then, at any time after the expiration of 3 months from the earliest date on which that party could have made such an application, the party against whom it was granted may make an application to the court, and on that application the court may exercise any of the powers mentioned in subsection (1)(a) to (d). 17A. (1) This section shall apply where-- (a) the respondent to a petition for divorce in which the petitioner alleges any such fact as is mentioned in section 11A(1)(d) or (e) has applied to the court under this section for it to consider the financial position of the respondent after the divorce; and (b) a decree nisi of divorce has been granted on the petition and the court holds that the only fact on which the petitioner is entitled to rely in support of his petition is that mentioned in section 11A(1)(d) or (e). (2) The court hearing an application by the respondent under subsection (1) shall consider- (a) all the circumstances, including the age, health, conduct, earning capacity, financial resources and financial obligations of each of the parties; and (b) the financial position of the respondent as, having regard to the divorce, it is likely to be after the death of the petitioner should the petitioner die first. (3) Notwithstanding anything in this Ordinance but subject to subsection (4), the court shall not make absolute the decree of divorce if an application has been made under subsection (1), unless it is satisfied that- (a) the petitioner should not be required to make any financial provision for the respondent; or (b) the financial provision made by the petitioner for the respondent is reasonable and fair or the best that can be made in the circumstances. (4) The court may, if it thinks fit, proceed without observing the requirements of subsections (2) and (3) if— (a) it appears that there are circumstances making it desirable that the decree should be made absolute without delay; and Financial protection for respondent in certain cases. 1969 c. 55. s. 8.

Baseline (Original)

Matrimonial Causes [CAP. 179 13 1983 Ed.] (b) rescind the decree nisi; or (c) require further inquiry, or (d) otherwise deal with the case as it thinks fit. (Amended, 33 of 1972, s. 9) (2) Where a decree nisi of divorce has been granted and no application for it to be made absolute has been made by the party to whom it was granted, then, at any time after the expiration of 3 months from the earliest date on which that party could have made such an application, the party against whom it was granted may make an application to the court, and on that application the court may exercise any of the powers mentioned in subsection (1)(a) to (d). 17A. (1) This section shall apply where-- (a) the respondent to a petition for divorce in which the petitioner alleges any such fact as is mentioned in section 11A(1)(d) or (e) has applied to the court under this section for it to consider the financial position of the respondent after the divorce; and (b) a decree nisi of divorce has been granted on the petition and the court holds that the only fact on which the petitioner is entitled to rely in support of his petition is that mentioned in section IIA(1)(d) or (e). (2) The court hearing an application by the respondent under subsection (1) shall consider- (a) all the circumstances, including the age, health, conduct. earning capacity, financial resources and financial obliga- tions of each of the parties; and (b) the financial position of the respondent as, having regard to the divorce, it is likely to be after the death of the petitioner should the petitioner die first. (3) Notwithstanding anything in this Ordinance but subject to subsection (4), the court shall not make absolute the decree of divorce if an application has been made under subsection (1), unless it is satisfied that- (a) the petitioner should not be required to make any financial provision for the respondent; or (b) the financial provision made by the petitioner for the respondent is reasonable and fair or the best that can be made in the circumstances. (4) The court may, if it thinks fit, proceed without observing the requirements of subsections (2) and (3) if— (a) it appears that there are circumstances making it desirable that the decree should be made absolute without delay; and Financial protection for respondent in certain cases. 1969 € 55. x. B.

2026-05-05 00:17:33 · Baseline

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