1964_MATRIMONIAL_PROCEEDINGS_AND_PROPERTY_ORDINANCE — Page 34

1972 Ed.]

Matrimonial Proceedings and Property

[CAP. 192

33

(3) Where an application is made under this section with respect to a disposition or other transaction and the court is satified-

(a) in a case falling within subsection (1)(a) or (b), that the disposition or other transaction would (apart from this section) have the con- sequence; or

(b) in a case falling within subsection (1)(c), that the disposition has had

the consequence,

of defeating the applicant's claim for financial relief, the disposition shall be presumed, unless the contrary is shown, to have been made by the other party with the intention aforesaid.

(4) In this section-

"disposition" does not include any provision contained in a will or codicil but, with that exception, includes any conveyance, assurance or gift of property of any description, whether made by an instrument or otherwise;

"property" has the same meaning as in section 38; and

"the relevant provisions of this Ordinance" means any of the provisions of the following enactments, that is to say, section 28, section 29(2), section 32(1), sections 33 and 34, and section 28(1) as applied by section 31 and section 29(2) as applied by section 32(2),

and any reference to defeating an applicant's claim for financial relief is a reference to preventing financial relief from being granted to the applicant or reducing the amount of any financial relief which might be so granted, or frus- trating or impeding the enforcement of any order which might be made at the instance of the applicant under the relevant provisions of this Ordinance.

45. (1) Notwithstanding anything in this Ordinance but subject to sub- section (2), the court shall not make absolute a decree of divorce or nullity of marriage or make a decree of judicial separation, unless it is satisfied as respects every relevant child who is under sixteen that-

(a) arrangements for his care and upbringing have been made and are satisfactory or are the best that can be devised in the circumstances; or

(b) it is impracticable for the party or parties appearing before the court

to make any such arrangements.

(2) The court may if it thinks fit proceed without observing the require- ments of subsection (1) if-

(a) it appears that there are circumstances making it desirable that the decree should be made absolute or should be made, as the case may be, without delay; and

(b) the court has obtained a satisfactory undertaking from either or both of the parties to bring the question of the arrangements for the children before the court within a specified time.

46. (1) Subject to subsection (6), the court may make such order as it thinks just for the custody, maintenance and education of any relevant child-

(a) in any proceedings for divorce, nullity of marriage or judicial separa-

tion, before, by or after the final decree;

(b) where such proceedings are dismissed after the beginning of the trial, either forthwith or within a reasonable period after the dismissal;

(c) in any proceedings for restitution of conjugal rights, before the decree

or, if the respondent fails to comply with the decree, after the decree,

Restrictions on decrees for dissolution or separation affecting children. 1965 c. 72, s. 33.

Custody and maintenance of children affected by matrimonial suits.

1965 c. 72, s. 34.