Hong Kong Ordinances

MATRIMONIAL CAUSES ORDINANCE - SECT 15B

Decree to be refused in certain circumstances

(1) The respondent to a petition for divorce in which the petitioner alleges
any such fact as is mentioned in section 11A(2)(d) may oppose the grant of
decree nisi on the ground that the dissolution of the marriage will result in
grave financial or other hardship to him and that it would in all the
circumstances be wrong to dissolve the marriage. (Amended 29 of 1995 s. 17)

(2) Where the grant of a decree nisi is opposed by virtue of this section,
then-

   (a)  if the court is satisfied that the only fact on which the petitioner
        is entitled to rely in support of his petition is that mentioned in
        section 11A(2)(d); and (Amended 29 of 1995 s. 17)

   (b)  if apart from this section it would grant a decree nisi, the court
        shall consider all the circumstances, including the conduct of the
        parties to the marriage and the interest of those parties and of any
        children or other persons concerned, and if the court is of opinion
        that the dissolution of the marriage will result in grave financial or
        other hardship to the respondent and that it would in all
        circumstances be wrong to dissolve the marriage it shall dismiss the
        petition.

(3) For the purposes of this section hardship shall include the loss of the
chance of acquiring any benefit which the respondent might acquire if the
marriage were not dissolved. (Added 33 of 1972 s. 7) [cf. 1969 c. 55 s. 4
U.K.]