1964_MATRIMONIAL_CAUSES_RULES — Page 46

A 46

[Subsidiary]

L.N. 78/86.

Application for alteration of maintenance agreement after

death of one

party.

L.N. 135/72.

L.N. 325/82.

L.N. 346/82.

(Cap. 192.)

CAP. 179]

Matrimonial Causes Rules

[1987 Ed.

the application containing full particulars of his property and income, and if he does not do so, the court may order him to file an affidavit containing such particulars.

(6) A respondent who files an answer under paragraph (5) shall at the same time serve a copy thereof on the applicant.

(7) [Deleted, L.N. 325/82]

(8) Subject to the provisions of this rule, these rules shall, so far as applicable, apply with the necessary modifications to an application under section 15 of the Matrimonial Proceedings and Property Ordinance as if the application were a cause, the originat- ing application a petition and the applicant the petitioner.

101. (1) An application under section 16 of the Matrimonial Proceedings and Property Ordinance for the alteration of a mainte- nance agreement after the death of one of the parties shall be made by originating summons in Form 17.

(2) The summons shall be filed in the registry.

(3) There shall be filed in support of the summons an affidavit by the applicant exhibiting a copy of the agreement and an official copy of the grant of representation to the deceased's estate and of every testamentary document admitted to proof and stating-

(a) whether the deceased died domiciled in Hong Kong;

(b) the residence of the parties to the agreement immediately before the death and, unless both parties were then resident in Hong Kong, the domicile of the applicant at that time;

(c) the place and date of the marriage between the parties to the agreement and the name and status of the wife before the marriage;

(d) the name of every child of the family and of any other child for whom the agreement makes financial arrangement, and

(i) the date of birth of each such child who is still living (or, if it be the case, that he has attained 21), and the place where and the person with whom any such minor child is residing;

(ii) the date of death of any such child who has died since the agreement was made;

(e) whether there have been in any court any, and if so what, previous proceedings with reference to the agreement or to the marriage or to the children of the family or to any other children for whom the agreement makes financial arrange- ments, and the date and effect of any order or decree made in such proceedings;

(f) the applicant's means;