1972 Ed.]
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(b) where the payments will be secured, the life of that party or a term ending with the remarriage of that party, whichever is the shorter.
(5) Where a court decides to alter, by order under this section, an agreement by inserting provision for the making or securing by one of the parties to the agreement of periodical payments for the maintenance of a child of the family or by increasing the rate of the periodical payments which the agreement provides shall be made or secured by one of the parties for the maintenance of such a child, then, in deciding the term for which under the agreement as altered by the order the payments or, as the case may be, so much of the payments as is attributable to the increase are or is to be made or secured for the benefit of the child, the court shall apply the provisions of section 10(1), (2) and (3) as if the order to which this subsection relates were an order under section 5.
(6) For the avoidance of doubt it is hereby declared that nothing in this section or section 14 affects any power of a court before which any proceedings between the parties to a maintenance agreement are brought under any other enactment (including a provision of this Ordinance) to make an order containing financial arrangements or any right of either party to apply for such an order in such proceedings.
Alteration of agreements by court after death of one party
16. (1) Where a maintenance agreement within the meaning of section 14 provides for the continuation of payments under the agreement after the death of one of the parties and that party dies domiciled in Hong Kong, the surviving party or the personal representatives of the deceased party may, subject to subsections (2) and (3), apply to the court for an order under section 15.
(2) An application under this section shall not, except with the permission of the court, be made after the end of the period of six months from the date on which representation in regard to the estate of the deceased is first taken out.
(3) The District Court shall not entertain an application under this section, or an application for permission to make an application under this section.
(4) If a maintenance agreement is altered by a court on an application made in pursuance of subsection (1), the like consequences shall ensue as if the alteration had been made immediately before the death by agreement between the parties and for valuable consideration.
(5) The provisions of this section shall not render the personal representatives of the deceased liable for having distributed any part of the estate of the deceased after the expiration of the said period of six months on the ground that they ought to have taken into account the possibility that a court might permit an application by virtue of this section to be made by the surviving party after that period.
1970 c. 45, s. 15.
1972 Ed.]
Matrimonial Proceedings and Property
[CAP. 192
15
(b) where the payments will be secured, the life of that party or a term ending with the remarriage of that party, which- ever is the shorter.
(5) Where a court decides to alter, by order under this section, an agreement by inserting provision for the making or securing by one of the parties to the agreement of periodical payments for the maintenance of a child of the family or by increasing the rate of the periodical payments which the agreement provides shall be made or secured by one of the parties for the maintenance of such a child, then, in deciding the term for which under the agreement as altered by the order the payments or, as the case may be, so much of the payments as is attributable to the increase are or is to be made or secured for the benefit of the child, the court shall apply the provi- sions of section 10(1), (2) and (3) as if the order to which this sub- section relates were an order under section 5.
(6) For the avoidance of doubt it is hereby declared that nothing in this section or section 14 affects any power of a court before which any proceedings between the parties to a maintenance agreement are brought under any other enactment (including a provision of this Ordinance) to make an order containing financial arrangements or any right of either party to apply for such an order in such proceedings.
Alteration of agreements by court after death of one
16. (1) Where a maintenance agreement within the meaning of section 14 provides for the continuation of payments under the agreement after the death of one of the parties and that party dies domiciled in Hong Kong, the surviving party or the personal party. representatives of the deceased party may, subject to subsections (2) and (3), apply to the court for an order under section 15.
(2) An application under this section shall not, except with the permission of the court, be made after the end of the period of six months from the date on which representation in regard to the estate of the deceased is first taken out.
(3) The District Court shall not entertain an application under this section, or an application for permission to make an application under this section.
(4) If a maintenance agreement is altered by a court on an application made in pursuance of subsection (1), the like con- sequences shall ensue as if the alteration had been made immedi- ately before the death by agreement between the parties and for valuable consideration.
(5) The provisions of this section shall not render the personal representatives of the deceased liable for having distributed any part of the estate of the deceased after the expiration of the said period of six months on the ground that they ought to have taken into account the possibility that a court might permit an application by virtue of this section to be made by the surviving party after that
1970 c. 45, s. 15.
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