1964_MATRIMONIAL_CAUSES_ORDINANCE — Page 22

1983 Ed.]

Matrimonial Causes

[CAP. 179

21

(3) Where the court makes an order under this section requir- ing provision to be made for the maintenance of the survivor, the order shall require that provision to be made by way of periodical payments terminating not later than the survivor's death and, if the survivor remarries, not later than the remarriage, so however that if the value of the net estate of the deceased does not exceed $100.000 the order may require that provision to be made wholly or in part by way of a lump sum payment.

(4) On an application under this section the court shall have regard-

(a) to the past, present or future capital of the survivor and to

any income of the survivor from any source:

(b) to the survivor's conduct in relation to the deceased and

otherwise;

(e) to any application made or deemed to be made by the

survivor during the lifetime of the deceased --

(i) where the survivor is a former wife of the deceased. for such an order as is mentioned in section 28(1) or that subsection as applied by section 31:

(ii) where the survivor is a former husband of the deceased, for such an order as could be made either under section 28(1) as applied by subsection (3) of that section or under section 29(2):

(iii) where the survivor is a former wife or a former husband of the deceased, for an order under section 4 or 6 of the Matrimonial Proceedings and Property Ordin-

(Added, 39 of 1972, s. 33)

ance.

and to the order (if any) made on any such application, or (if no such application was made by the survivor, or such an application was made by the survivor and no order was made on the application) to the circumstances appearing to the court to be the reasons why no such application was made, or no such order was made, as the case may be; and

(d) to any other matter or thing which, in the circumstances of

the case, the court may consider relevant or material in relation to the survivor, to persons interested in the estate of the deceased, or otherwise.

(5) In determining whether, and in what way, and as from what date, provision for maintenance ought to be made by an order under this section, the court shall have regard to the nature of the property representing the net estate of the deceased and shall not order any such provision to be made as would necessitate a realiza- tion that would be imprudent having regard to the interests of the dependants of the deceased, of the survivor, and of the persons who apart from the order would be entitled to that property.

(Cap. 1929

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