Hong Kong Ordinances

MATRIMONIAL CAUSES ORDINANCE - SECT 15A

Provisions to encourage reconciliation

(1) If at any stage of proceedings for divorce it appears to the court that
there is a reasonable possibility of a reconciliation between the parties to
the marriage, the court may adjourn the proceedings for such period, as it
thinks fit to enable attempts to be made to effect such a reconciliation.

(2) The power of the court to adjourn under subsection (1) shall be additional
to any other power of the court to adjourn proceedings.

(3) Where the parties to the marriage have lived with each other for any
period or periods after it has become known to the petitioner that the
respondent has, since the celebration of the marriage, committed adultery-

   (a)  if the length of that period or of those periods together is 6 months
        or less, their living with each other during that period or those
        periods shall be disregarded in determining for the purposes of
        section  11A (2)(a) whether the petitioner finds it intolerable to
        live with the respondent; but (Amended 29 of 1995 s. 17)

   (b)  if the length of that period or of those periods together exceeds 6
        months, the petitioner shall not be entitled to rely on that adultery
        for the purpose of section 11A(2)(a). (Amended 29 of 1995 s. 17)

(4) Where the petitioner alleges that the respondent has behaved in such a way
that the petitioner cannot reasonably be expected to live with him, but the
parties to the marriage have lived with each other for a period or periods
after the date of the occurrence of the final incident relied on by the
petitioner and held by the court to support his allegation, that fact shall be
disregarded in determining, for the purposes of section 11A(2)(b), whether the
petitioner cannot reasonably be expected to live with the respondent if the
length of that period or of those periods together is 6 months or less.
(Amended 29 of 1995 s. 17)

(5) In considering for the purposes of this Part whether the period during
which the parties to a marriage have lived apart has been continuous, no
account shall be taken of any period or periods together not exceeding 6
months during which the parties have resumed living with each other, but no
period during which the parties lived with each other shall count as part of
the period during which the parties to the marriage have lived apart.
(Replaced 29 of 1995 s. 11)

(6) References in this section to the parties to a marriage living with each
other shall be construed as references to their living with each other in the
same household. (Added 33 of 1972 s. 7) [cf. 1969 c. 55 s. 3(2)-(6) U.K.]