Bill No. 19
Marriage And Divorce Bill
2009
143. Protection orders
(1) A spouse in whose property the other spouse has acquired an
interest by virtue of the marriage may, if deserted by him or her, apply by
petition to the court for an order to protect any property which she or he
may have obtained or may obtain after the desertion, against him or her
and his or her creditors and any person claiming under him or her.
(2) The court may, if satisfied that the desertion was without
reasonable excuse and that the spouse is maintaining him or herself
make that order.
(3) The order shall state the time on which the desertion
commenced and shall, as regards all persons dealing with the spouse
in reliance on the order, be conclusive as to that time.
(4) While the order is in force, the spouse is and shall be taken
to have been from the date of the desertion, in the like position in all
respects with regard to the property and contracts and suing and being
sued, as he or she would be if he or she had obtained a decree of
judicial separation under this Act.
(5) The spouse, or any other creditor or person claiming under
him or her may apply to the court for the discharge or variation of the
order, and the court may, if the desertion has ceased, or for any other
cause it considers fit, discharge or vary the order accordingly.
(6) Where the spouse or any creditor or person claiming under
him or her, seizes or continues to hold any property of the other
spouse after notice of any such order, the other spouse may by action
recover the property, and also a sum equal to double its value.
144. Effect of reversal, discharge or variation of judicial
separation or protection order
(1) The reversal, discharge or variation of a decree of judicial
separation, or a protection order shall not affect any right or remedy which
a person would otherwise have had in respect of any contract or act of the
spouse entered into or done between the date of the decree or order and
the date of the reversal, discharge or variation of the decree or order.
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