1964_MATRIMONIAL_PROCEEDINGS_AND_PROPERTY_ORDINANCE — Page 14

1972 Ed.] Matrimonial Proceedings and Property

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(b) leave to enforce, or the enforcement of, the payment of

arrears under that order:

but other applications under this section shall be made to the District Court.

(4) An order under this section for the payment of any sum may provide for the payment of that sum by instalments of such amount as may be specified in the order.

(5) This section applies to an order made by virtue of section 3, 4(1)(a) or (b), 5(2)(a) or (b), 8(5) or 8(6)(a) or (b), (d) or (e).

14. (1) If a maintenance agreement includes a provision

Validity of purporting to restrict any right to apply to a court for an order containing financial arrangements then-

(a) that provision shall be void; but

(b) any other financial arrangements contained in the agree-

ment shall not thereby be rendered void or unenforceable and shall, unless they are void or unenforceable for any other reason (and subject to sections 15 and 16), be binding on the parties to the agreement.

(2) In this section and in section 15-

"maintenance agreement" means any agreement in writing made, whether before or after the commencement of this Ordinance, between the parties to a marriage, being-

(a) an agreement containing financial arrangements, whether made during the continuance or after the dissolution or annulment of the marriage; or

(b) a separation agreement which contains no financial arrangements in a case where no other agreement in writ-

ing between the same parties contains such arrangements; "financial arrangements" means provisions governing the rights and liabilities towards one another when living separately of the parties to a marriage (including a marriage which has been dissolved or annulled) in respect of the making or securing of payments or the disposition or use of any property, including such rights and liabilities with respect to the maintenance or education of any child, whether or not a child of the family.

15. (1) Where a maintenance agreement is for the time being subsisting and each of the parties to the agreement is for the time being either domiciled or resident in Hong Kong, then, subject to subsection (3), either party may apply to the court for an order under this section.

(2) If the court to which the application is made is satisfied either-

(a) that by reason of a change in the circumstances in the light of which any financial arrangements contained in

maintenance agreements. 1970 c. 45, s. 13.

Alteration of agreements by court during lives of parties. 1970 c. 45, s. 14.