1964_MATRIMONIAL_PROCEEDINGS_AND_PROPERTY_ORDINANCE — Page 23

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Direction for instrument to be settled by the Registrar. 1970 c. 45, s. 25.

Payments etc., under order made in favour of person suffering from mental disorder. 1970 c. 45, s. 26. (Cap. 136.)

Transitional provisions and savings. 1970 c. 45, s. 28. First Schedule. (Cap. 179.)

Validation of certain void or voidable decrees. 1970 c. 45, s. 29. (Cap. 179.)

CAP. 192] Matrimonial Proceedings and Property [1972 Ed.

26. Where the court decides to make an order under this Ordinance requiring any payments to be secured or an order under section 6-

(a) it may direct that the matter be referred to the Registrar of the Supreme Court for him to settle a proper instrument to be executed by all necessary parties: and

(b) it may, in the case of an order under section 4, 5 or 6, if it thinks fit, defer the grant of the decree in question until the instrument has been duly executed.

27. Where the court makes an order under this Ordinance requiring payments (including a lump sum payment) to be made, or property to be transferred, to a party to a marriage and the court is satisfied that the person in whose favour the order is made is incapable, by reason of mental disorder within the meaning of the Mental Health Ordinance, of managing and administering his or her property and affairs, then, subject to any order, direction or authority made or given in relation to that person under the said Ordinance, the court may order the payments to be made, or, as the case may be, the property to be transferred, to such persons having charge of that person as the court may direct.

28. The First Schedule shall have effect for the purpose of the transition to the provisions of this Ordinance from the law in force before the commencement of this Ordinance and with respect to the application of certain provisions of this Ordinance to orders made, or deemed to have been made, under the Matrimonial Causes Ordinance.

29. Any decree of divorce, nullity of marriage or judicial separation which, apart from this section, would be void or voidable on the ground only that the provisions of section 45 of the Matrimonial Causes Ordinance (which restricts the making of decrees of dissolution or separation where children are affected) had not been complied with when the decree was made absolute or granted, as the case may be, shall be deemed always to have been valid unless-

(a) before the commencement of this Ordinance the court declared the decree to be void: or

(b) in proceedings for the annulment of the decree pending at the said commencement the court declares the decree to be void.

Jurisdiction of, and appeal on question of fact from, District Court. 1970 c. 45, s. 34.

PART III

MISCELLANEOUS PROVISIONS

30. The jurisdiction conferred on the District Court by section 23 or section 23 or paragraph 5 of the First Schedule shall be exercisable by the District Court notwithstanding that by reason of the amount claimed in an application made under it or the said paragraph 5, as the case may be, the jurisdiction would not but for this subsection be exercisable by the District Court.