Cf 1975 c 63 s 13 uk part v special provisions

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the same way. [cf. 1975 c. 63 s. 13 U.K. ] PART V SPECIAL PROVISIONS RELATING TO CASES OF DIVORCE, SEPARATION, ETC. 16. Provision as to cases where no financial relief was granted in divorce proceedings, etc. (1) Where, within 12 months from the date on which a decree of divorce or nullity of marriage has been made absolute or a decree of judicial separation has been granted, a party to the marriage dies and - 199
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(a) an application for a financial provision order under section 4 of the Matrimonial Proceedings and Property Ordinance (Cap. 192) or an order under section 6 of that Ordinance has not been made by the other party to that marriage; or (b) such an application has been made but the proceedings thereon have not been determined at the time of the death of the deceased, then, if an application for an order under section 4 of this Ordinance is made by that other party, the court shall, notwithstanding anything in section 3 or 5 of this Ordinance, have power, if it thinks it just to do so, to treat that party for the purposes of that application as if the decree of divorce or nullity of marriage had not been made absolute or the decree of judicial separation had not been granted, as the case may be. (2) This section shall not apply in relation to a decree of judicial separation unless at the date of the death of the deceased the decree was in force and the separation was continuing. [cf. 1975 c. 63 s. 14 U.K. ] 17. Restriction imposed in divorce proceedings, etc. on application under this Ordinance (1) On the grant of a decree of divorce, a decree of nullity of marriage or a decree of judicial separation or at any time thereafter the court, if it considers it just to do so, may, on the application of either party to the marriage, order that the other party to the marriage shall not on the death of the applicant be entitled to apply for an order under section 4 . (2) In the case of a decree of divorce or nullity of marriage an order may be made under subsection (1) before or after the decree is made absolute, but if it is made before the decree is made absolute it shall not take effect unless the decree is made absolute. (3) Where an order made under subsection (1) on the grant of a decree of divorce or nullity of marriage has come into force with respect to a party to a marriage, then, on the death of the other party to that marriage, the court shall not entertain any application for an order under section 4 made by the first-mentioned party. (4) Where an order made under subsection (1) on the grant of a decree of judicial separation has come into force with respect to any party to a marriage, then, if the other party to that marriage dies while the decree is in force and the separation is continuing, the court shall not entertain any application for an order under section 4 made by the first-mentioned party.
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