[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]
Sélectionner le paragraphe cible3
Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières