Hong Kong Ordinances

MATRIMONIAL CAUSES ORDINANCE - SECT 17A

Financial protection for respondent in certain cases

(1) This section shall apply where-

   (a)  the respondent to a petition for divorce in which the petitioner
        alleges any such fact as is mentioned in section 11A(2)(c) or

   (d)  has applied to the court under this section for it to consider the
        financial position of the respondent after the divorce; and (Amended
        29 of 1995 s. 17)

   (b)  a decree nisi of divorce has been granted on the petition and the
        court holds that the only fact on which the petitioner is entitled to
        rely in support of his petition is that mentioned in section 11A(2)(c)
        or

   (d)  . (Amended 29 of 1995 s. 17)

(2) The court hearing an application by the respondent under subsection (1)
shall consider-

   (a)  all the circumstances, including the age, health, conduct, earning
        capacity, financial resources and financial obligations of each of the
        parties; and

   (b)  the financial position of the respondent as, having regard to the
        divorce, it is likely to be after the death of the petitioner should
        the petitioner die first.

(3) Notwithstanding anything in this Ordinance but subject to subsection (4),
the court shall not make absolute the decree of divorce if an application has
been made under subsection (1), unless it is satisfied that-

   (a)  the petitioner should not be required to make any financial provision
        for the respondent; or

   (b)  the financial provision made by the petitioner for the respondent is
        reasonable and fair or the best that can be made in the circumstances.

(4) The court may, if it thinks fit, proceed without observing the
requirements of subsections (2) and (3) if-

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

   (b)  the court has obtained a satisfactory undertaking from the petitioner
        that he will make such financial provision for the respondent as the
        court may approve. (Added 33 of 1972 s. 10) [cf. 1969 c. 55 s. 6 U.K.]