1987 Ed.]
Matrimonial Causes Rules
[CAP. 179
A 63
[Subsidiary]
2.
On what date and at what address did you receive it?
3.
4.
Are you the person named as the Respondent in the application (or as [co-respondent or as a person named]* in the petition)?
Do you intend to defend the case?
(3)
5. In the case of a petition alleging any such fact as is mentioned in section 11A(1)(d) of the Ordinance (two years' separation and consent of respondent): Do you consent to a decree being granted?
6. In the case of a petition asking for divorce and alleging any such fact as is mentioned in section 11A(1)(e) of the Ordinance (five years' separation): Do you intend to oppose the grant of a decree on the ground that the divorce will result in grave financial or other hardship to you and that in all the circumstances it would be wrong to dissolve the marriage?
7. (3) In the event of the grant of a decree nisi and the Court holding that the only fact on which the petitioner was entitled to rely in support of the petition was any such fact as is mentioned in section 11A(1)(d) or (e) of the Ordinance (two years' separation and the consent of the respondent or five years' separation), do you intend to apply to the Court for it to consider your financial position as it will be after the divorce?
8. (4) Even if you do not intend to defend the case, do you wish to be heard on the claims] in the petition for (5)
(a) costs
(b) custody of the children
(c) periodical payments
(d) maintenance pending suit
(e) secured periodical payments
(f) a lump sum
(g) a settlement or transfer of property
(h) variation of a settlement
9. (6) Do you wish to make any application on your own account for-
(a) access to the children
(b) custody of the children
(c) periodical payments for the children
(d) maintenance pending suit
(e) periodical payments for yourself
(f) a lump sum
(g) secured periodical payments
(h) settlement or transfer of property
(i) variation of a settlement
(If possible answer YES or NO against each item in Question[s] 8 [and 9]. If you are uncertain, leave a blank).
Dated this day of 19
(If a solicitor is instructed, he will sign below on your behalf, but if the answer to Question 5 is Yes, you must also sign here).
Signed
Address for service [Unless you intend to instruct a solicitor, give your place of residence, or if you do not reside in Hong Kong, the address of a place in Hong Kong to which documents may be sent to you. If you subsequently wish to change your address for service, you must notify the Court.]
[Or, if a solicitor is instructed
I am [We are] acting for the Respondent [or the above-named in this matter.
Signed
Address for service:
(3) Delete if inapplicable.
(4) Delete Question 8 except in the case of a petition.
(5) Insert whichever of the following items is applicable.
(6) Delete Question 9 (except in the case of a respondent spouse in proceedings begun by petition).
1987 Ed.]
Matrimonial Causes Rules
[CAP. 179
A 63
[Subsidiary]
2.
On what date and at what address did you receive it?
3.
4.
Are you the person named as the Respondent in the application (or as
in the petition]*?
Do you intend to defend the case?
(3)
5. In the case of a petition alleging any such fact as is mentioned in section 11A(1)(d) of the Ordinance (two years' separation and consent of respondent)]: Do you consent to a decree being granted?
6. In the case of a petition asking for divorce and alleging any such fact as is mentioned in section 11A(1)(e) of the Ordinance (five years' separation)]: Do you intend to oppose the grant of a decree on the ground that the divorce will result in grave financial or other hardship to you and that in all the circumstances it would be wrong to dissolve the marriage?
7. (3)In the event of the grant of a decree nist and the Court holding that the only fact on which the petitioner was entitled to rely in support of the petition was any such fact as is mentioned in section 11A(1)(d) or (e) of the Ordinance (two years' separation and the consent of the respondent or five years' separation), do you intend to apply to the Court for it to consider your financial position as it will be after the divorce?
8. (4)Even if you do not intend to defend the case do you wish to be heard on the claims] in the petition for(5)
(a) costs
(b) custody of the children
(c) periodical payments
(d) maintenance pending suit
(e) secured periodical payments
(ƒ) a lump sum
(g) a settlement or transfer of property
(h) variation of a settlement
9. (6)Do you wish to make any application on your own account for-
(a) access to the children
(b) custody of the children
(c) periodical payments for the children
(d) maintenance pending suit
(e) periodical payments for yourself
(f) a lump sum
(g) secured periodical payments
(h) settlement or transfer of property
(i) variation of a settlement
(If possible answer YES or NO against each item in Question[s] 8 [and 9]. If you are uncertain leave a blank).
Dated this
day of
19
(If a solicitor is instructed, he will sign below on your behalf but if the answer to Question 5 is Yes, you must also sign here).
Signed
Address for service [Unless you intend to instruct a solicitor, give your place of residence, or if you do not reside on Hong Kong, the address of a place in Hong Kong to which documents may be sent to you. If you subsequently wish to change your address for service, you must notify the Court.]
[Or, if a solicitor is instructed
I am [ We are] acting for the Respondent [or the above named in this matter.
Signed
Address for service:
}
}
(3) Delete if inapplicable.
**) Delete Question 8 except in the case of a petition.
(5) Insert whichever of the following item is applicable.
15) Delete Question 9 (except in the case of a respondent spouse in proceedings begun by petition).
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