Hong Kong Ordinances

MATRIMONIAL PROCEEDINGS AND PROPERTY ORDINANCE - SECT 25

Commencement of proceedings for financial provision orders, etc.

(Past version on 30/06/1997).

(1) Where a petition or joint application for divorce or a petition for
nullity of marriage or judicial separation has been presented or made, then,
subject to subsection (2), proceedings under section 3, 4, 5, 6 or 6A may be
begun, subject to and in accordance with rules of court, at any time after the
presentation of the petition or the making of the application; but-

   (a)  no order under section 4, 6 or 6A shall be made unless a decree nisi
        of divorce or of nullity of marriage or a decree of judicial
        separation, as the case may be, has been granted;

   (b)  without prejudice to the power to give a direction under section 26,
        no such order made on or after granting a decree nisi of divorce or of
        nullity of marriage, and no settlement made in pursuance of such an
        order, shall take effect unless the decree has been made absolute.

(2) Rules of court may provide, in such cases as may be prescribed by the
rules-

   (a)  that applications for ancillary relief shall be made in the petition,
        joint application or answer; and

   (b)  that applications for ancillary relief which are not so made, or are
        not made until after the expiration of such period following the
        presentation of the petition, making of the joint application or
        filing of the answer as may be so prescribed, shall be made only with
        the leave of the court. (Amended 29 of 1995 s. 20)

(3) In subsection (2) "ancillary relief " (附屬濟助) means relief under
any of the provisions of sections 3, 4, 5, 6 and 6A. (Amended 29 of 1995 s.
20; 69 of 1997 s. 33) [cf. 1970 c. 45 s. 24 U.K.]

"ancillary relief " (附屬濟助)