CAP. 152 Matrimonial Causes [Rev. 2012] 43. Modification order A petitioner, or a respondent if he has entered an appearance to the petition, may at any time apply for a modification order. 44. Evidence on applications for alimony, etc. (1) Where a husband is served with a petition in which alimony pending suit is claimed, he shall within fourteen days after entering an appearance file an affidavit setting out full particulars of his property and income. (2) Where a husband is served with a notice of an application for alimony pending suit, permanent alimony, maintenance, maintenance of the children, a secured provision, periodical payments or securing periodical payments to a wife, he shall, within fourteen days after service of the notice upon him or, if he has not at the time of such service entered an appearance, within fourteen days after entering an appearance, file an affidavit setting out full particulars of his property and income, unless in the case of any such application other than an application for alimony pending suit the wife at the time of service of the application therefor gives notice to him or to his advocate of her intention to proceed with the application upon the evidence already filed on her application for alimony pending suit. (3) Where a wife is served with a notice of an application for alimony pending suit, a permanent alimony, maintenance, a secured provision or periodical payments, the provisions of paragraph (2) of this rule shall apply to the filing of an affidavit by the wife setting out full particulars of her property and income as they apply to the filing of an affidavit by the husband as to his property and income. 45. Evidence in support of application for variation of settlement, etc. (1) An application for variation of marriage settlements, or settlement of a wife’s property, shall state the nature of the variation or settlement proposed, and shall, unless otherwise directed, be supported by an affidavit of the petitioner stating the facts relied on, and, in the case of an application for variation of marriage settlements, such affidavit shall set forth full particulars of the marriage, any children of the marriage, all settlements whether ante-nuptial or post-nuptial and the funds brought into the settlements by the husband and wife, and, in the case of an application for settlement of the wife’s property, full particulars of the property to which she is entitled either in possession or reversion. (2) The application shall, in addition to being served on the respondent, be served on the trustees of any settlements and upon such other persons as the judge may direct, and any party so served may, within fourteen days after such service and after entering an appearance, file an affidavit in answer. 46. Further evidence on applications for alimony, etc. If in an affidavit filed under rule 44 or rule 45 of these Rules the husband alleges that the wife has property or income, she may, within fourteen days after delivery of the husband’s affidavit to her or her advocate, file an affidavit in reply to that allegation, but no further evidence shall be filed by any party without leave. [Issue 1] M9 - 36