Hong Kong Ordinances

MATRIMONIAL PROCEEDINGS AND PROPERTY ORDINANCE - SECT 6

Orders for transfer and settlement of property and for variation of settlements in cases of divorce, etc.

(Past version on 30/06/1997).

(1) On granting a decree of divorce, a decree of nullity of marriage or a
decree of judicial separation, or at any time thereafter

(whether, in the case of a decree of divorce or of nullity of marriage, before
or after the decree is made absolute), the court may, subject to the
provisions of sections 10 and 25(1), make any one or more of the following
orders, that is to say- (Amended 69 of 1997 s. 23)

   (a)  an order that a party to the marriage shall transfer to the other
        party, to any child of the family or to such person as may be
        specified in the order for the benefit of such a child such property
        as may be so specified, being property to which the first-mentioned
        party is entitled, either in possession or reversion;

   (b)  an order that a settlement of such property as may be so specified,
        being property to which a party to the marriage is so entitled, be
        made to the satisfaction of the court for the benefit of the other
        party to the marriage and of the children of the family or either or
        any of them;

   (c)  an order varying for the benefit of the parties to the marriage and of
        the children of the family or either or any of them any ante-nuptial
        or post-nuptial settlement (including such a settlement made by will
        or codicil) made on the parties to the marriage;

   (d)  an order extinguishing or reducing the interests of either of the
        parties to the marriage under any such settlement;

   (e)  an order for the sale of such property as may be specified in the
        order, being property in which or in the proceeds of sale of which
        either or both of the parties to the marriage has or have a beneficial
        interest, either in possession or reversion, and for the use of the
        proceeds of such sale, (Added 69 of 1997 s. 23) and the court may make
        an order under paragraph (c) notwithstanding that there are no
        children of the family.

(2) Subsections (2) to (6) of section 6A apply in relation to orders under
subsection (1)(e) as they apply in relation to orders under subsection (1) of
that section. (Added 69 of 1997 s. 23) [cf. 1970 c. 45 s. 4 U.K.]