[Rev. 2012] Matrimonial Causes CAP. 152 a petition for divorce or judicial separation is presented on the ground of his insanity may make an application for alimony pending suit at any time after entering appearance to a petition. 39. Maintenance of children A petitioner at any time after service of a petition in which custody of any children of the marriage is claimed and the respondent to any such petition, after entering an appearance to the petition, or any person who has obtained leave to intervene in the suit for the purpose of applying for custody, or who has the custody or control of such children under an order of the court after entering an appearance to the petition for this purpose may make an application for maintenance of the children. 40. Maintenance, secured provision, variation of marriage settlements, settlement of wife’s property (1) An application for maintenance, a secured provision variation of marriage settlements, or settlement of a wife’s property, in the case of proceedings for divorce, may be made by the petitioner at any time after the time for entering an appearance to the petition has expired, and by a respondent spouse at any time after entering an appearance to the petition, but no application shall be made later than one month after final decree except by leave of a judge. (2) An application for settlement of a wife’s property, in the case of proceedings for judicial separation or for restitution of conjugal rights, may be made at any time after the pronouncement of the decree. (3) Upon an application for variation of marriage settlements, settlement of a wife’s property or a secured provision, the judge shall, unless he is satisfied that the proposed variation does not adversely affect the rights or interests of any children of the marriage or that the settlement or secured provision makes adequate provision for any children of the marriage, direct that the children be separately represented on the application by an advocate, and may assign a guardian ad litem by whom any infant children may appear upon the application; and an affidavit of fitness of the proposed guardian, in Form 15 in the Appendix, shall be filed. 41. Permanent alimony An application for the allotment of permanent alimony may be made at any time after the pronouncement of a decree for restitution of conjugal rights or for judicial separation, as the case may be. 42. Periodical payments An application for periodical payments or securing periodical payments to a wife may be made at any time after non-compliance with a decree for restitution of conjugal rights, but, where the application is one for the benefit of children of the marriage and is made by a person who has obtained leave to intervene in the suit for the purpose of applying for custody or has the custody or control of such children under an order of the court, such person shall first enter an appearance to the petition. M9 - 35 [Issue 1]

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents