1964_MATRIMONIAL_PROCEEDINGS_AND_PROPERTY_ORDINANCE — Page 22

1972 Ed.]

Matrimonial Proceedings and Property

[CAP. 192

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which that order ceased to have effect by reason of the remarriage of the person entitled to payments under it, if, but only if, the act was one which he would have been under a duty to do had the order not ceased to have effect as aforesaid and the act was done before notice in writing of the fact that the person so entitled had remarried was given to him by or on behalf of that person, the person liable to make payments under the order or the personal representatives of either of those persons.

(5) This section applies to an order made by virtue of section 4(1)(a) or (b) or 8(6)(a) or (b) and to any such order as is referred to in subsection (1) or (2) of section 22.

24. The fact that a settlement or transfer of property had to be made in order to comply with an order of the court under section 6 shall not prevent that settlement or transfer from being a settlement of property to which section 47(1) of the Bankruptcy Ordinance (avoidance of certain settlements) applies.

25. (1) Where a petition for divorce, nullity of marriage or judicial separation has been presented, then, subject to subsection (2), proceedings under section 3, 4, 5 or 6 may be begun, subject to and in accordance with rules of court, at any time after the presentation of the petition; but-

(a) no order under section 4 or 6 shall be made unless a decree nisi of divorce or of nullity of marriage or a decree of judicial separation, as the case may be, has been granted;

(b) without prejudice to the power to give a direction under section 26, no such order made on or after granting a decree nisi of divorce or of nullity of marriage, and no settlement made in pursuance of such an order, shall take effect unless the decree has been made absolute.

(2) Rules of court may provide, in such cases as may be prescribed by the rules-

(a) that applications for ancillary relief shall be made in the petition or answer; and

(b) that applications for ancillary relief which are not so made, or are not made until after the expiration of such period following the presentation of the petition or filing of the answer as may be so prescribed, shall be made only with the leave of the court.

(3) In subsection (2) "ancillary relief" means relief under any of the provisions of sections 3, 4, 5 and 6.

Settlement, etc., made in compliance with order under s. 6 may be avoided on bankruptcy of settlor.

1970 c. 45, s. 23. (Cap. 6.)

Commencement of proceedings for financial provision orders, etc.

1970 c. 45, s. 24.