Cap. 179A 《婚姻訴訟規則》Matrimonial Causes Rules

The Interpretation and General Clauses Ordinance (Cap. 1) shall apply for the interpretation of these rules as it applies for the interpretation of an Ordinance.

In these rules, unless the context otherwise requires—

Unless the context otherwise requires, a cause begun by petition shall be treated as pending for the purposes of these rules notwithstanding that a final decree or order has been made on the petition.

Unless the context otherwise requires, any reference in these rules to a numbered rule is a reference to the rule so numbered in these rules.

In these rules a form referred to by number means the form so numbered in the Appendix, or a form substantially to the like effect, with such variations as the circumstances of the particular case may require.

In these rules any reference to an Order and rule if prefixed by the letters “R.H.C.” is a reference to that Order and rule in the Rules of the High Court (Cap. 4 sub. leg. A). (25 of 1998 s. 2; L.N. 26 of 2002; E.R. 4 of 2019)

In these rules any reference to an Order and rule if prefixed by the letters “R.D.C.” is a reference to that Order and rule in the Rules of the District Court (Cap. 336 sub. leg. H). (L.N. 26 of 2002; E.R. 4 of 2019)

Unless the context otherwise requires, any reference in these rules to any rule or enactment shall be construed as a reference to that rule or enactment as amended, extended or applied by any other rule or enactment.

A judge may use either or both of the official languages in any proceedings or a part of any proceedings before him as he considers appropriate for the just and expeditious disposal of the proceedings before him.

The decision of the judge under paragraph (1) is final.

A party to or a witness in any proceedings or a part of any proceedings before the court may—

A legal representative in any proceedings or a part of any proceedings before the court may use either or both of the official languages.

Documents prepared for use by the court in any proceedings may be in either official language.

A party may file a document to be served on another party or person in either official language.

A party served with a document in an official language with which he is not familiar may within 3 days of being served request in writing the party serving the document to provide a translation of the document into the other official language. The party receiving the request shall indicate in writing within 3 days of receiving the request whether he will provide the translation or not.

A party who agrees to provide a translation shall do so as soon as practicable.

A party whose request is refused may apply to the court for an order that the party serving the document shall provide the other party with a translation of it. The court may order the party serving the document to provide a translation of it if the court is satisfied that the request is reasonable. The court may further order that the time for compliance with any rule or order requiring the taking of any step in proceedings within a particular period will not start to run until the translation is received by the applicant.

The time for compliance with any rule or order requiring the taking of any step in the proceedings within a particular period shall start to run if a request in writing is served under paragraph (7)—

A party applying for an order from the court shall supply the minute for the order in the language in which the order is to be made and shall produce a certified translation of the order in the other official language if the court directs that the other version is necessary or appropriate.

The costs of and incidental to providing a translation under this rule are costs in the cause of the proceedings if the court so directs.

The official record of proceedings shall be kept in the official language or official languages as the judge hearing the proceedings may direct.

The transcript of proceedings for appeal purposes shall be prepared in the official language that the appeal court directs.

An application under section 12 of the Ordinance for leave to present a petition for divorce before the expiration of 1 year from the date of the marriage shall be made by originating application. (L.N. 172 of 1996)

The application shall be filed in the District Court, together with— (L.N. 26 of 2002)

The applicant shall serve on the respondent a sealed copy of the application, together with a copy of the supporting affidavit and a notice in Form 1 with Form 4 attached, annexed to it. (L.N. 78 of 1986)

(Repealed L.N. 325 of 1982)

The application shall be heard by a judge and shall, unless otherwise directed, be heard in chambers.

Subject to the provisions of this rule, these rules shall, so far as applicable, apply with the necessary modifications to the application as if the originating application were a petition and the applicant a petitioner.

On application made either before or after the presentation of a petition for divorce or judicial separation, or the making of a joint application, as the case may be, the parties to the marriage or either of them may refer to the court any agreement or arrangement made or proposed to be made between them which relates to, arises out of or is connected with, the proceedings which are contemplated or have begun. (L.N. 172 of 1996)

Unless otherwise directed on an application made ex parte, every party to the agreement or arrangement (other than the applicant or applicants) and any other party to the proceedings or, where application is made before the presentation of the petition or the making of the joint application, as the case may be, any person whom it is intended to make a party to those proceedings, shall be made a respondent to the application. (L.N. 172 of 1996)

Where an application is made before the presentation of a petition or the making of a joint application, as the case may be— (L.N. 172 of 1996)

An application made after the presentation of a petition or the making of a joint application, as the case may be, shall be made by summons to a judge of the District Court and shall, unless otherwise directed, be heard in chambers. (L.N. 325 of 1982; L.N. 172 of 1996; L.N. 26 of 2002)

At the time of the filing of an originating application or notice of application or the issue of a summons under this rule, there shall be filed an affidavit by the applicant or applicants setting out particulars of the agreement or arrangement in question and the grounds on which the application is made, and every copy of the originating application, notice or summons served on a respondent shall be accompanied by a copy of the affidavit. (L.N. 78 of 1986)

An application under this rule shall be heard by a judge and, unless otherwise directed, shall be heard in chambers.

On the hearing of an application under this rule the judge may express an opinion, should he think it desirable to do so, as to the reasonableness of the agreement or arrangement and may give such directions, if any, in the matter if he thinks fit.

A respondent to an application under this rule may not be heard without filing an affidavit in answer to the application. (L.N. 135 of 1972)

Unless otherwise directed, every petition and every joint application shall contain the information required by Form 2 and by Form 2C respectively as near as may be in the order there set out and any further or other information required by such of the following paragraphs of this rule as may be applicable. (80 of 1997 s. 83)

Where a petition for divorce, nullity or judicial separation, or a joint application discloses that there is a minor child of the family who is under 16 or who is over that age and is receiving instruction at an educational establishment or undergoing training for a trade or profession, the petition or the joint application, as the case may be, shall be accompanied by a separate written statement containing the information specified in Form 2B in the case of such a petition or in Form 2D in the case of such an application, to which shall be attached a copy of any medical report mentioned therein. (L.N. 135 of 1972)

Where a petition for divorce alleging any such fact as is mentioned in section 11A(2)(d) of the Ordinance contains a proposal by the petitioner (not being a proposal agreed between the petitioner and the respondent) to make financial provision for the respondent, the petition shall be accompanied by an affidavit by the petitioner giving brief particulars of his means and commitments. (L.N. 135 of 1972)

(Repealed L.N. 172 of 1996)

A petition for divorce or a joint application, or a petition for nullity in which the court is alleged to have jurisdiction by virtue of section 3(b) or 4(b), as appropriate of the Ordinance shall state the address or addresses at which each of the parties to the marriage has resided during the whole or any part of the 3 years immediately preceding the presentation of the petition or the making of the joint application, as the case may be, and the period during which he has resided at the address or, in case there is more than 1 such address the period during which he has resided at each such address.

A petition for a decree of nullity under section 20(2)(b), (c) or (d) of the Ordinance shall state whether the petitioner was at the time of the marriage ignorant of the facts alleged and whether marital intercourse with the consent of the petitioner has taken place since the discovery by the petitioner of the existence of grounds for a decree.

A petition for a decree of presumption of death and dissolution of marriage shall state—

A petition for divorce or nullity of marriage or proceedings for judicial separation, or a joint application in which the court is alleged to have jurisdiction on the ground that either of the parties to the marriage had a substantial connection with Hong Kong at the date of the petition by virtue of section 3(c), 4(a), or 5(d), of the Ordinance shall state (in lieu of a statement as to the domicile of the parties) the facts on which it is alleged that there was such substantial connection with Hong Kong.

In addition to the provisions of paragraph (8)(a) of this rule, proceedings for presumption of death and dissolution of marriage in which the court is alleged to have jurisdiction on the ground that the petitioner had a substantial connection with Hong Kong at the date of the petition by virtue of section 6(1)(a) of the Ordinance shall state the facts on which it is alleged that there was such substantial connection with Hong Kong.

A petitioner who, in reliance on section 62 or 63 of the Evidence Ordinance (Cap. 8), intends to adduce evidence that a person—

must include in his petition a statement of his intention with particulars of—

For the purposes of a joint application, the notice referred to in section 11B(3) of the Ordinance shall be in Form 2E. (L.N. 172 of 1996)

Every petition shall be signed by counsel if settled by him and, if not, by the petitioner’s solicitor in his own name or the name of his firm, or by the petitioner if he sues in person. (L.N. 172 of 1996)

Every joint application shall be signed—

A petition or a joint application shall be presented to the District Court. (L.N. 325 of 1982; L.N. 26 of 2002)

Unless otherwise directed on an application made ex parte, a certificate of the marriage to which the cause relates shall be filed with the petition or the joint application, as the case may be.

Where a solicitor is acting for a petitioner for divorce or judicial separation, a certificate in Form 2A shall be filed with the petition, unless otherwise directed on an application made ex parte. (L.N. 135 of 1972)

Where there is before the District Court or the Court of First Instance a petition or a joint application which has not been dismissed or otherwise disposed of by a final order, a subsequent petition in respect of the same marriage shall not be presented either by the same petitioner or, if the pending proceedings are joint application, by either of the parties to the marriage, nor shall a subsequent joint application in respect of the same marriage be made, without leave granted on an application made in the pending proceedings: (25 of 1998 s. 2; L.N. 26 of 2002) Provided that no such leave shall be required where it is proposed, after the expiration of the period of 1 year from the date of the marriage, either— (a)to present a petition for divorce alleging such of the facts mentioned in section 11A of the Ordinance as were alleged in a petition for judicial separation presented before the expiration of the said period; or (b)to make a joint application alleging the fact mentioned in section 11B(2)(a) of the Ordinance where a petition for judicial separation has been made alleging the fact mentioned in section 11A(2)(c) of the Ordinance. (L.N. 135 of 1972)

The petition shall be presented or the joint application shall be made, as the case may be, by filing it, together with any statement, report or affidavit required by rule 9(3) or (4), as the case may be, in the registry. (L.N. 78 of 1986)

On the filing of the petition or the joint application, the registrar shall enter the cause in the books of the court. (L.N. 78 of 1986)

Every copy of a petition for service shall be sealed, and shall be accompanied by a notice in Form 3 with Form 4 attached, and in the case of a petition for service on a respondent spouse, shall also be accompanied by a copy of any statement, report and affidavit lodged pursuant to paragraph (5). (L.N. 78 of 1986)

Where a petition alleges that the other party to the marriage has committed adultery, the person with whom the adultery is alleged to have been committed shall be made a party to the proceedings in the cause unless—

Where a petition alleges that the other party to the marriage has been guilty of an improper association (other than adultery) with a person named or of rape upon a person named, the petitioner shall, as soon as practicable after the filing of the petition, apply to the court for directions whether that person shall be made a respondent in the cause. (L.N. 135 of 1972)

An application for directions under paragraph (1) or (2) may be made ex parte if no notice of intention to defend has been given.

This rule does not apply where the alleged adulterer, adulteress or person named has died before the filing of the petition.

Subject to the provisions of this rule, a copy of every petition shall be served personally or by post on every respondent or other party to the proceedings. (L.N. 172 of 1996)

Subject to paragraph (3) service of a petition shall be effected by the petitioner. (L.N. 78 of 1986)

Personal service shall in no case be effected by the petitioner himself.

(Repealed L.N. 78 of 1986)

For the purposes of the foregoing paragraphs, a copy of a petition shall be deemed to be duly served if—

Where a copy of a petition has been sent to a party and no acknowledgment of service has been returned to the registry, the registrar, if satisfied by affidavit or otherwise that the party has nevertheless received the document, may direct that the document shall be deemed to have been duly served on him.

Where a copy of a petition has been served on a party personally and no acknowledgment of service has been returned to the registry, service shall be proved by filing an affidavit of service showing the server’s means of knowledge of the identity of the party served.

Where an acknowledgment of service is returned to the registry, the registrar shall send a photographic copy thereof to the petitioner.

An application for leave to substitute some other mode of service for the modes of service prescribed by paragraph (1), or to substitute notice of the proceedings by advertisement or otherwise, shall be made ex parte by lodging an affidavit setting out the grounds on which the application is made; and the form of any advertisement shall be settled by the registrar:

Provided that no order giving leave to substitute notice of the proceedings by advertisement shall be made unless it appears to the registrar that there is a reasonable probability that the advertisement will come to the knowledge of the person concerned. (L.N. 135 of 1976)

Where the registrar has authorized notice by advertisement to be substituted for service, an affidavit exhibiting a copy of the newspaper containing the advertisement shall be filed in court by the party inserting the advertisement as proof that such advertisement was inserted. (L.N. 78 of 1986)

Where in the opinion of the registrar it is impracticable to serve a party in accordance with any of the foregoing paragraphs or it is otherwise necessary or expedient to dispense with service of a copy of a petition on the respondent or on any person, the registrar may make an order dispensing with such service.

An application for an order under this paragraph shall, if no notice of intention to defend has been given, be made in the first instance ex parte by lodging an affidavit setting out the grounds of the application, but the registrar may, if he thinks fit, require the attendance of the petitioner on the application. (L.N. 135 of 1976)

In these rules any reference to a notice of intention to defend is a reference to an acknowledgment of service in Form 4 containing a statement to the effect that the person by whom or on whose behalf it is signed intends to defend the proceedings to which the acknowledgment relates, and any reference to giving notice of intention to defend is a reference to returning such a notice to the registry.

In relation to any person on whom there is served a document requiring or authorizing an acknowledgment or service to be returned to the registry, references in these rules to the time limited for giving notice of intention to defend are references to 8 days after service of the document, inclusive of the day of service, or such other time as may be fixed.

Notice of intention to defend a cause begun by petition may be given at any time before directions for trial are given, notwithstanding that the time limited for giving the notice has expired.

Subject to paragraphs (2) and (3), a person may give notice of intention to defend notwithstanding that he has already returned to the registry an acknowledgement of service not constituting such a notice.

A respondent to a petition which alleges any such fact as is mentioned in section 11A(2)(c) of the Ordinance may give notice to the court either that he does not consent to a decree being granted or that he withdraws any consent which he has already given.

Where any such notice is given and none of the other facts mentioned in section 11A(2) of the Ordinance is alleged, the proceedings on the petition shall be stayed and the registrar shall thereupon give notice of the stay to all parties.

At any time before a decree nisi is pronounced either of the applicants in a joint application may give notice to the court of his withdrawal from the proceedings.

Where notice under paragraph (1) is received by the court, the joint application proceedings shall thereupon be stayed and the registrar shall forthwith give notice of such stay to both of the joint applicants concerned.

A supplemental petition may be filed only with leave.

A petition may be amended without leave before it is served but only with leave after it has been served.

Subject to paragraph (4), an application for leave under this rule—

The registrar may, if he thinks fit, require an application for leave to be supported by an affidavit.

An order granting leave shall—

An amendment authorized to be made under this rule shall be made by filing a copy of the amended petition.

Rules 11 and 13 shall apply to a supplemental or amended petition as they apply to the original petition.

A joint application which is a supplemental joint application may be filed only with leave of the registrar.

A joint application may be amended only with leave of the registrar.

Subject to paragraph (4), an application for leave under this rule shall be made jointly by both of the applicants by lodging the supplemental joint application in the registry or, where appropriate, by so lodging a copy of the joint application showing the proposed amendments.

The registrar may, if he thinks fit, require an application under this rule to be supported by an affidavit.

Where an amendment is authorized under this rule, when made the applicants shall jointly lodge in the registry a copy of the joint application as so amended.

Where a supplemental or amended joint application is lodged under this rule, the applicants shall also jointly lodge in the registry a copy of the relevant order made under this rule.

Rule 11(2) shall apply to a supplemental or amended joint application as it applies to the relevant original joint application.

The petitioner shall file the supplemental or amended petition together with a copy of the order (if any) made under rule 16 and unless otherwise directed, serve a sealed copy thereof on every respondent and other party to the proceedings named in the original petition or in the supplemental or amended petition. (L.N. 172 of 1996)

Unless otherwise directed, rules 12(7) and 14 shall apply in relation to service on a person required to be served under paragraph (1) as they apply in relation to service on a person required to be served with an original petition. (E.R. 4 of 2019)

Subject to paragraph (2) and to rules 15A, 20 and 49, a respondent or other party to the proceedings who— (L.N. 172 of 1996)

shall, within 21 days after the expiration of the time limited for giving notice of intention to defend, file an answer to the petition. (L.N. 135 of 1972)

An answer may be filed at any time before directions have been given for the trial of the cause, notwithstanding that the time for filing the answer has expired or that the person filing the answer has not given notice of intention to defend. (L.N. 135 of 1972)

Any reference in these rules to a person who has given notice of intention to defend shall be construed as including a reference to a person who has filed an answer without giving notice of intention to defend.

Where in a cause in which relief is sought under section 20(2)(b) of the Ordinance the respondent files an answer containing no more than a simple denial of the facts stated in the petition, he shall, if he intends to rebut the charges in the petition, give the registrar notice to that effect when filing his answer. (L.N. 135 of 1972)

(Repealed L.N. 325 of 1982)

Where an answer contains counter-charges and a prayer for relief the petitioner if he wishes to contest those charges or any relief claimed in the prayer shall file a reply within 14 days after he has received a copy of an answer pursuant to rule 23.

In all other cases the petitioner may file a reply within 14 days after he has received a copy of the answer pursuant to rule 23 but if he does not he shall be deemed on making a request for directions for trial to have denied every material allegation of fact made in the answer.

No pleading subsequent to a reply shall be filed without leave.

Where an answer, reply or subsequent pleading contains more than a simple denial of the facts stated in the petition, answer or reply, as the case may be, the pleading shall set out with sufficient particularity the facts relied on but not the evidence by which they are to be proved and, if the pleading is filed by the husband or wife, it shall, in relation to those facts, contain the information required in the case of a petition by paragraphs (10), (11) and (14) of Form 2.

Unless otherwise directed, an answer by a husband or wife who disputes any statement required by paragraphs (4), (5) and (6) of Form 2 to be included in the petition shall contain full particulars of the facts relied on.

Paragraph (8) of Form 2 and so much of that form as requires the petition to conclude with a prayer giving details of the relief claimed shall, where appropriate, apply with the necessary modifications to a respondent spouse’s answer as they apply to a petition: Provided that it shall not be necessary to include in the answer claim for costs against the petitioner.

Rule 9(11) shall apply with the necessary modifications to pleading other than a petition as it applies to a petition.

Where a party’s pleading includes such a statement as is mentioned in rule 9(11), then if the opposite party—

he must make the denial or allegation in his pleading.

Rule 11 shall apply with the necessary modifications to a pleading other than a petition as it applies to a petition.

An answer by a husband shall contain the information required in the case of a petition by paragraph (10) of Form 2.

Rules 13 and 14 shall apply with the necessary modifications to a husband’s or wife’s pleading other than a petition as they apply to a petition, so however that for the references in those rules to a respondent or other party to the proceedings there shall be substituted references to a party cited.

Rule 18 shall apply with the necessary modifications to a party referred to in paragraph (1) as it applies to a party to whom that rule applies.

A party on whom a pleading has been served may in writing request the party whose pleading it is to give particulars of any allegation or other matter pleaded and, if that party fails to give the particulars within a reasonable time, the party requiring them may apply for an order that the particulars be given.

The request or order in pursuance of which particulars are given shall be incorporated with the particulars, each item of the particulars following immediately after the corresponding item of the request or order.

A party giving particulars, whether in pursuance of an order or otherwise, shall at the same time file a copy of them.

This rule applies to a defended cause begun by petition.

Unless the court makes an order under paragraph (3), the formal procedure for discovery and inspection of documents prescribed by the Rules of the High Court (Cap. 4 sub. leg. A) shall apply. (E.R. 4 of 2019)

The court may, of its own motion but subject to any proper claim of privilege, do either or both of the following—

R.H.C. Order 24, rule 16 shall apply with the necessary modifications to any failure to comply with an order for discovery or inspection of documents.

A party who fails to comply with an order for discovery or inspection of documents shall not, except with the leave of the court, be permitted to reply at the trial of the cause on any document mentioned in the order.

The powers of the court with regard to the making of orders for discovery or inspection of documents may be exercised by the registrar.

Any party dissatisfied with an order for discovery or inspection of documents made by the registrar may, within 5 days of the making of such order and upon giving not less than 2 days’ notice to any other party, apply to the court to set aside such order.

In this rule—

R.H.C. Order 26 (which deals with discovery by interrogatories) shall apply to a defended cause begun by petition as it applies to a cause within the meaning of that Order, but with the omission of— (L.N. 135 of 1972)

(Repealed L.N. 26 of 2002)

In proceedings for nullity on the ground of impotence or incapacity to consummate the marriage the petitioner shall, subject to paragraph (2), apply to the court to determine whether medical inspectors should be appointed to examine the parties. (L.N. 135 of 1972; L.N. 325 of 1982)

An application under paragraph (1) shall not be made in an undefended cause—

unless, in any such case, the petitioner is alleging his or her own impotence or incapacity.

Reference in paragraphs (1) and (2) to the petitioner shall, where the cause is proceeding only on the respondent’s answer or where the allegation of impotence or incapacity is made only in the respondent’s answer, be construed as references to the respondent.

An application under paragraph (1) by the petitioner shall be made—

and an application under paragraph (1) by the respondent shall be made after he has filed an answer.

Where the party required to make an application under paragraph (1) fails to do so within a reasonable time, the other party may, if he is prosecuting or defending the cause, make an application under that paragraph.

In proceedings for nullity on the ground that the marriage has not been consummated owing to the wilful refusal of the respondent, either party may apply to the court for the appointment of medical inspectors to examine the parties. (L.N. 325 of 1982)

If the respondent has not given notice of intention to defend, an application by the petitioner under paragraph (1) or (6) may be made ex parte.

If the court hearing an application under paragraph (1) or (6) considers it expedient to do so, it shall appoint a medical inspector or, if it thinks it necessary, 2 medical inspectors to examine the parties and report to the court the result of the examination. (L.N. 325 of 1982)

At the hearing of any such proceedings as are referred to in paragraph (1) the court may, if it thinks fit, appoint a medical inspector or two medical inspectors to examine any party who has not been examined or to examine further any party who has been examined.

The party on whose application an order under paragraph (8) is made or who has the conduct of proceedings in which an order under paragraph (9) has been made for the examination of the other party, shall serve on the other party notice of the time and place appointed for his or her examination.

Every medical examination under rule 30 shall be held at the consulting room of the medical inspector or, as the case may be, of one of the medical inspectors appointed to conduct the examination: Provided that the court may, on the application of a party, direct that the examination of that party shall be held at the registry or at such other place as the court thinks convenient. (L.N. 325 of 1982)

Every party presenting himself for examination shall sign, in the presence of the inspector or inspectors, a statement that he is the person referred to as the petitioner or respondent, as the case may be, in the order for the examination, and at the conclusion of the examination the inspector or inspectors shall certify on the statement that it was signed in his or their presence by the person who has been examined.

Every report made in pursuance of rule 30 shall be filed and either party shall be entitled to be supplied with a copy on payment of the prescribed fee.

The court may order that a cause or application pending in the District Court be transferred to the Court of First Instance, where, having regard to all the circumstances including the difficulty or importance of the cause or application or of any issue arising therein, the court thinks it desirable that the cause or application should be heard and determined in the Court of First Instance.

An order under paragraph (1) may be made by the judge of his own motion or on the application of a party, but before making an order of his own motion the judge shall give the parties an opportunity of being heard on the question of transfer and for that purpose the registrar may give the parties notice of a date, time and place at which the question will be considered.

Any cause or application transferred to the Court of First Instance under paragraph (1) may be re-transferred to the District Court at any stage of the proceedings if the Court of First Instance thinks it desirable.

On the written request of the petitioner or of any party who is defending a cause begun by petition, the registrar shall give directions for the trial of the cause if he is satisfied—

Subject to paragraph (2A) where the cause is pending in the District Court and is to be tried at that court, the registrar shall, if he considers it practicable to do so, give directions for trial by fixing the date, place and, as nearly as may be, the time of the trial and giving notice thereof to every party to the cause. (L.N. 123 of 1974; L.N. 26 of 2002)

Where a cause is an undefended cause begun by petition for divorce or judicial separation pending in the District Court, then, unless otherwise directed— (L.N. 270 of 2001; L.N. 26 of 2002; E.R. 4 of 2019)

Where a joint application is pending—

In any other case the registrar shall give directions for trial by setting the cause down for trial and giving notice that he has done so to every party to the cause.

Directions for trial except where given under rule 33(2A) shall determine the place of trial. (L.N. 123 of 1974)

In the case of an undefended cause to which rule 33(2A) does not apply, the request for directions shall state— (L.N. 123 of 1974)

In the case of a defended cause the request for directions shall state the number of witnesses to be called on behalf of the party giving the notice and the places where he and his witnesses reside and an estimate of the probable length of the trial.

If circumstances arise tending to show that the estimate of the probable length of the trial given under paragraph (2) or (3) is inaccurate, a further estimate shall be filed.

Directions determining the place of trial of any undefended cause may be varied by the registrar of the court in which the cause is proceeding on the application of any party to the cause.

Where in a defended cause the petitioner alleges that the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent, the registrar may, of his own motion on giving directions for trial or on the application of any party made at any time before the trial, order or authorize the party who has made the request for or obtained such directions to file a schedule of the allegations and counter allegations made in the pleadings or particulars. (L.N. 135 of 1972)

Where such an order is made or authority given, the allegations and counter-allegations shall, unless otherwise directed, be listed concisely in chronological order, each counter-allegation being set out against the allegation to which it relates, and the party filing the schedule shall serve a copy of it on any other party to the cause who has filed a pleading.

After directions for trial have been given or with leave at an earlier stage of the cause a wife who is a petitioner or who has filed an answer may apply for security for her costs up to the trial and of and incidental to the trial or for any part of such costs.

Where an application for security has been made under paragraph (1) the registrar shall ascertain what is a sufficient sum of money to cover the costs to which the application relates and if after taking all the circumstances into account (including the means of the husband and the wife) the registrar considers that the husband should provide security for all or some of such costs, he may order the husband to pay the sum so ascertained, or some part of it, into court or to give security within such time as he may fix and may direct a stay of the proceedings until the order is complied with.

The bond taken to secure a wife’s costs under this rule shall be given to the registrar by the name of the registrar and shall be filed and shall not be delivered out or sued upon without the leave of the registrar.

Where the wife is the petitioner an application by her for the removal of a stay of the proceedings may be made to the registrar ex parte if the husband has not given notice of intention to defend.

The court may order— (L.N. 135 of 1972)

An application to the registrar for an order under paragraph (1) shall—

be made ex parte by filing an affidavit stating the grounds on which the application is made.

Where an application is made before the trial for an order that the affidavit of a witness may be read at the trial or that evidence of a particular fact may be given at the trial by affidavit, the proposed affidavit or a draft thereof shall be submitted with the application; and where the affidavit is sworn before the hearing of the application and sufficiently states the grounds on which the application is made, no other affidavit shall be required under paragraph (2).

The court may, on the application of any party to a cause begun by petition, make an order under R.H.C. Order 39, rule 1, for the examination on oath of any person, and R.H.C. Order 38, rule 9, and Order 39, rules 1 to 14, (which regulate the procedure where evidence is to be taken by deposition) shall have effect accordingly with the appropriate modifications. (L.N. 135 of 1972; 25 of 1998 s. 2)

On any application made—

evidence may be given by affidavit unless these rules otherwise provide or the court otherwise directs, but the court may, on the application of any party, order the attendance for cross-examination of the person making any such affidavit; and where, after such an order has been made, that person does not attend, his affidavit shall not be used as evidence without the leave of the court. (L.N. 135 of 1972)

The celebration of a marriage outside Hong Kong and its validity under the law of the place where it was celebrated may, in any matrimonial proceedings in which the existence and validity of the marriage is not disputed, be proved by the evidence of one of the parties to the marriage and the production of a document purporting to be— (20 of 2010 s. 11)

Where a document produced by virtue of paragraph (1) is not in English it shall, unless otherwise directed, be accompanied by a translation certified by a notary public or authenticated by affidavit or affirmation.

This rule shall not be construed as precluding the proof of a marriage in any other manner authorized apart from this rule. (23 of 1998 s. 2)

A witness summons in a cause pending in the District Court may be issued in that court or in the court of trial at which the cause is to be tried. (L.N. 26 of 2002)

A writ of subpoena in a cause pending in the Court of First Instance may issue out of the registry. (25 of 1998 s. 2)

Not less than 10 days before the date fixed for the trial of a petition, the registrar shall give notice of the date, place and, as nearly as may be, the time of the trial to every party to the petition.

Except with the consent of the parties or by leave of a judge, no petition, whether defended or undefended, shall be tried until after the expiration of 10 days from the date on which directions for trial were given.

Nothing in this rule shall apply to a cause entered in the special procedure list. (L.N. 123 of 1974)

As soon as practicable after a cause has been entered in the special procedure list, the registrar shall consider the evidence filed by the petitioner and—

As soon as practicable after a cause has been entered in the special procedure list, the registrar shall consider the evidence filed by the joint applicants and—

On the filing of a certificate under paragraph (1) or (1A) a day shall be fixed for the pronouncement of a decree by a judge in open court at a court of trial and the registrar shall send to each party notice of the day and place so fixed and a copy of the certificate but it shall not be necessary for any party to appear on that day. (L.N. 135 of 1976; L.N. 172 of 1996)

Within 14 days after the pronouncement of a decree in accordance with a certificate under paragraph (1), any person may inspect the certificate and the evidence filed under rule 33(2A) or (2B) and may bespeak copies on payment of the prescribed fee. (L.N. 172 of 1996)

A respondent may, without filing an answer, be heard on— (L.N. 31 of 1975)

A respondent, co-respondent or party cited may, without filing an answer, be heard on any question as to costs but no allegation shall be made against a party claiming costs unless the party making the allegation has filed an answer.

A party shall be entitled to be heard on any question pursuant to paragraph (1) or (2) whether or not he has returned to the court office an acknowledgment of service stating his wish to be heard on that question. (L.N. 31 of 1975)

In proceedings after a decree nisi of divorce or a decree of judicial separation no order the effect of which would be to make a co-respondent or party cited liable for costs which are not directly referable to the decree shall be made unless the co-respondent or party cited is a party to such proceedings or has been given notice of the intention to apply for such an order.

Where at the trial of a cause any application is adjourned by the judge for hearing in chambers, it may be restored—

and the notice shall state the place and time for the hearing of the restored application and be served on every other party concerned. (25 of 1998 s. 2)

Where in proceedings for divorce, nullity of marriage or judicial separation the judge has not made an order pursuant to section 18(1) of the Matrimonial Proceedings and Property Ordinance (Cap. 192), paragraph (1) shall, unless the judge otherwise directs, apply as if an application with respect to the arrangements for the care and upbringing of any such child had been adjourned for hearing in chambers. (L.N. 135 of 1972)

Unless the judge otherwise directs, a shorthand note shall be taken of the proceedings at the trial of every cause in open court in the Court of First Instance. (25 of 1998 s. 2)

The shorthand writer shall sign the note and certify it to be a correct shorthand note of the proceedings and shall retain the note unless he is directed by the registrar to forward it to him.

On being so directed the shorthand writer shall furnish the registrar with a transcript of the whole or such part as may be directed of the shorthand note.

Any party, any person who has intervened in a cause or the Secretary for Justice shall be entitled to require from the shorthand writer a transcript of the shorthand note, and the shorthand writer shall, at the request of any person so entitled, supply that person with a transcript of the whole or any part of the note on payment of the shorthand writer’s charges at such rate as may be prescribed. (25 of 1998 s. 2)

Except as aforesaid, the shorthand writer shall not, without the permission of the court, furnish the shorthand note of a transcript of the whole or any part thereof to anyone. (L.N. 135 of 1972)

In these rules references to a shorthand note include references to a record of the proceedings made by mechanical means and in relation to such a record references to the shorthand writer shall have effect as if they were references to the person responsible for transcribing the record.

An application for re-hearing of a cause tried by a judge alone (whether in the Court of First Instance or the District Court), where no error of the court at the hearing is alleged, shall be made to a judge. (25 of 1998 s. 2; L.N. 26 of 2002)

Unless otherwise directed, the application shall be made to the judge by whom the cause was tried and shall be heard in open court.

The application shall be made by a notice to attend before the judge on a day specified in the notice which shall state the grounds of the application.

Unless otherwise directed, the notice must be issued within 6 weeks after the judgment and served on every other party to the cause not less than 14 days before the day fixed for the hearing of the application.

The applicant shall file a certificate that the notice has been duly served on each person required to be served therewith.

The application shall be supported by an affidavit setting out the allegations on which the applicant relies or exhibiting a copy of any pleading which he proposes to file if the application is granted, and a copy of the affidavit shall be served on every other party to the cause.

Not less than 7 days before the application is heard the applicant shall file a copy of a transcript of so much as is relevant of the official shorthand note of the proceedings at the trial.

Any other application for re-hearing shall be made by way of appeal to the Court of Appeal.

This rule shall apply with the necessary modifications to a cause disposed of under rule 47A as it applies to a cause tried by a judge alone. (L.N. 123 of 1974)

Where a decree nisi is pronounced on a petition in which any such fact as is mentioned in paragraph (c) or (d) of section 11A(2) of the Ordinance is alleged, the decree shall state whether that fact was the only fact mentioned in the said section 11A(2) on which the petitioner was entitled to rely in support of his petition. (L.N. 135 of 1972; L.N. 172 of 1996)

Every decree or order when drawn up shall be produced with a copy thereof at the registry by the party who has drawn up such decree or order, and when passed by the registrar and sealed it shall be returned by the registrar to the party producing it and the copy shall be lodged in the registry. (L.N. 78 of 1986)

Where a party who is required to draw up a decree or order under paragraph (1) fails to produce a drawn up decree or order to the registry under paragraph (3) within 7 days after such decree is granted or order is made, any other party affected by such decree or order may draw up the decree or order as the case may be. (L.N. 78 of 1986)

An application by a respondent under section 15C(1) of the Ordinance, or by either party to the marriage under section 15C(2) of the Ordinance for the rescission of a decree of divorce shall be made to a judge and shall be heard in open court.

Paragraphs (3) and (5) of rule 55 shall apply to an application under this rule as they apply to an application under that rule.

Unless otherwise directed, the notice of the application shall be served on the petitioner or, where appropriate, the other party to the marriage not less than 14 days before the day fixed for the hearing of the application.

The application shall be supported by an affidavit setting out the allegations on which the applicant relies and a copy of the affidavit shall be served on the petitioner or, where appropriate, the other party to the marriage.

An application by the respondent to a petition for divorce for the court to consider the financial position of the respondent after the divorce shall be made by notice in Form 8A.

Where the petitioner is served with a notice in Form 8A, then, unless he has already filed an affidavit under rule 9(4) or rule 73(2), he shall, within 14 days after the service of the notice, file an affidavit in answer to the application containing full particulars of his property and income, and if he does not do so, the court may order him to file an affidavit containing such particulars.

Within 14 days after service of any affidavit under paragraph (2), or within such other time as the court may fix, the respondent shall file an affidavit in reply containing full particulars of his property and income.

(Repealed L.N. 325 of 1982)

If a decree nisi has been granted and the court has held that the only fact mentioned in section 11A(2) of the Ordinance on which the petitioner was entitled to rely in support of his petition was that mentioned in paragraph (d) or (e) of that subsection, the judge by whom an application under section 17A of the Ordinance is to be heard shall fix an appointment for the hearing, and rules 77(3) to (7), 80 and 80A shall apply to the application as if it were an application for ancillary relief. (L.N. 325 of 1982; L.N. 172 of 1996)

(Repealed L.N. 325 of 1982)

A statement of any of the matters mentioned in subsections (2) and (3) of section 17A of the Ordinance with respect to which the court is satisfied, or, where the court has proceeded under subsection (4) of the said section, a statement that the conditions for which that subsection provides have been fulfilled, shall be entered in the court minutes.

The party who has under rule 56 drawn up a decree or order shall serve a copy thereof on every other affected party.

A sealed or other copy of any decree or order lodged in accordance with rule 56(3) shall be issued by the registrar to any person requiring such copy, on payment of the prescribed fee.

If the Secretary for Justice wishes to show cause against a decree nisi being made absolute, he shall give notice to that effect to the registrar and to the party in whose favour it was pronounced. (L.N. 325 of 1982)

Within 21 days after giving notice under paragraph (1) the Secretary for Justice shall file his plea setting out the grounds on which he desires to show cause, and serve a copy thereof on the party in whose favour the decree was pronounced and every other party affected by the decree. (L.N. 135 of 1972; L.N. 78 of 1986)

(Repealed L.N. 78 of 1986)

Subject to the following provisions of this rule, these rules shall apply to all subsequent pleadings and proceedings in respect of the plea as if it were a petition by which a cause is begun.

If no answer to the plea is filed within the time limited or, if an answer is filed and struck out or not proceeded with, the Secretary for Justice may apply forthwith by motion for an order rescinding the decree and dismissing the petition.

Rule 33 shall apply to proceedings in respect of a plea by the Secretary for Justice as it applies to the trial of a cause, so however that if all the charges in the plea are denied in the answer the application for directions shall be made by the Secretary for Justice and in any other case it shall be made by the party in whose favour the decree nisi has been pronounced.

If any person other than the Secretary for Justice wishes to show cause under section 17 of the Ordinance against a decree nisi being made absolute, he shall file an affidavit stating the facts on which he relies and shall at the same time serve a copy thereof on the party in whose favour the decree was pronounced and in the case of a decree of nullity, if the affidavit alleges collusion, on the other party or parties to the alleged collusion. (L.N. 135 of 1972; L.N. 78 of 1986; 25 of 1998 s. 2)

A party on whom a copy of an affidavit has been served under paragraph (1) may, within 14 days after service, file an affidavit in answer and, if he does so, he shall at the same time serve a copy thereof on the person showing cause. (L.N. 78 of 1986)

The person showing cause may file an affidavit in reply within 14 days after service of the affidavit in answer and, if he does so, he shall at the same time serve a copy thereof on each party who was served with a copy of his original affidavit. (L.N. 78 of 1986)

No affidavit after an affidavit in reply shall be filed without leave.

(Repealed L.N. 78 of 1986)

A person showing cause shall apply to the judge for directions within 14 days after expiry of the time allowed for filing an affidavit in reply or, where no affidavit in answer has been filed, within 14 days after expiry of the time allowed for filing such an affidavit.

If the person showing cause does not apply under paragraph (6) within the time limited, the person in whose favour the decree was pronounced may do so.

(Repealed L.N. 325 of 1982)

Where, after a decree nisi has been pronounced but before it has been made absolute, a reconciliation has been effected between the petitioner and the respondent spouse, or, where appropriate, the applicants in a joint application, either party may apply for an order rescinding the decree by consent. (L.N. 135 of 1972; L.N. 172 of 1996)

Where the cause is pending in the District Court, the application shall be made on notice to the other spouse and to any other party against whom costs have been awarded or who is otherwise affected by the decree, and where the cause is pending in the Court of First Instance, a copy of the summons by which the application is made shall be served on every such person. (25 of 1998 s. 2; L.N. 26 of 2002)

The application shall be made to a judge and may be heard in chambers.

Subject to paragraph (3), an application by a spouse to make absolute a decree nisi pronounced in his favour may be made by lodging with the registrar a notice in Form 5.

On the lodging of such a notice, the registrar shall search the court minutes and if he is satisfied—

the registrar shall make the decree absolute:

Provided that if the notice is lodged more than 12 months after the decree nisi, the registrar may require the applicant to file an affidavit accounting for the delay and may make such order on the application as he thinks fit or refer the application to a judge. (L.N. 135 of 1972)

Where there are circumstances which ought to be brought to the notice of the court before a decree nisi is made absolute, an application for the decree to be made absolute shall be made to a judge.

Unless otherwise directed, the summons by which the application is made (or, where the cause is pending in the District Court, notice of the application) shall be served on every party to the cause (other than the applicant) and on any other person with whom adultery is alleged, and the application shall be heard in open court. (L.N. 26 of 2002)

An application by a spouse for a decree nisi pronounced against him to be made absolute may be made to a judge or the registrar, and the summons by which the application is made (or, where the cause is pending in the District Court, notice of the application) shall be served on the other spouse not less than 4 clear days before the day on which the application is heard. (L.N. 26 of 2002)

An order granting an application under paragraph (3) or (4) shall not take effect until the registrar has searched the court minutes and is satisfied as to the matters mentioned in paragraph (2).

Where a decree nisi is made absolute, the registrar shall make an indorsement to that effect on the decree, stating the precise time at which it was made absolute.

Where there are circumstances which ought to be brought to the notice of the court before a decree nisi is made absolute, an application for the decree to be made absolute shall be made to a judge.

An order granting an application under paragraph (3) shall not take effect until the registrar has searched the court minutes and is satisfied as regards the matters mentioned in paragraph (2).

Where a decree nisi is made absolute, the registrar shall endorse the decree to that effect, stating the date on which it was made absolute.

On a decree nisi being made absolute, the registrar shall send to the petitioner and the respondent spouse, or in the case of a joint application, to both of the applicants, a certificate in Form 6, 7, 7A or 7B, whichever is appropriate, authenticated by the seal of the court from which it is issued. (L.N. 325 of 1982; L.N. 172 of 1996)

An index of decrees absolute shall be kept at the registry of the Court of First Instance and any person shall be entitled to require a search to be made therein, and to be furnished with a certificate of the result of the search, on payment of the prescribed fee. (25 of 1998 s. 2)

A certificate in Form 6, 7, 7A or 7B that a decree nisi has been made absolute shall be issued to any person requiring it on payment of the prescribed fee. (L.N. 325 of 1982; L.N. 172 of 1996)

A petition for the rescission of a decree of judicial separation shall set out particulars of the decree and the grounds for rescission relied on by the petitioner.

The party in whose favour the decree was pronounced may file an answer within 14 days after service of a copy of the petition on him.

Except as provided in paragraph (2), all proceedings on the petition shall be carried on in the same manner, so far as practicable, as proceedings on a petition for judicial separation.

Any application by a petitioner, or by a respondent spouse who files an answer claiming relief, for—

shall be made in the petition or answer, as the case may be.

Notwithstanding anything in paragraph (1), an application for ancillary relief which should have been made in the petition or answer may be made subsequently—

An application by a petitioner or respondent spouse for ancillary relief, not being an application which is required to be made in the petition or answer, shall be made by notice in Form 8.

Any application by an applicant in a joint application for ancillary relief shall be made by notice in Form 8B.

Rule 111(1)(a) shall apply mutatis mutandis to the service of documents relating to an application under this rule.

Where an application is made to the Court of First Instance or the District Court for a variation of settlement order, the court shall, unless it is satisfied that the proposed variation does not adversely affect the rights or interests of any children concerned, direct that the children be separately represented on the application, either by a solicitor or by a solicitor and counsel, and may appoint the Official Solicitor or other fit person to be guardian ad litem of the children for the purpose of the application. (L.N. 135 of 1972; 98 of 1991 s. 9; 25 of 1998 s. 2; L.N. 26 of 2002)

On any other application for ancillary relief the court may give such a direction or make such appointment as it is empowered to give or make by paragraph (1). (L.N. 135 of 1972)

Before a person other than the Official Solicitor is appointed guardian ad litem under this rule there shall be filed a certificate by the solicitor acting for the children that the person proposed as guardian has no interest in the matter adverse to that of the children and that he is a proper person to be such guardian. (98 of 1991 s. 9)

A petitioner or respondent spouse who has applied for ancillary relief in his petition or answer and who intends to proceed with the application shall, subject to rule 82, file a notice in Form 9 and serve a copy on the other spouse. (L.N. 325 of 1982)

Where a respondent spouse or a petitioner is served with a notice in Form 8 or 9, or where an applicant in a joint application is served with a notice in Form 8B, in respect of an application for ancillary relief, not being an application to which rule 74 or 75 applies, then, unless the parties are agreed upon the terms of the proposed order, he shall, within 14 days after service of the notice, file an affidavit in answer to the application containing full particulars of his property and income, and if he does not do so, the court may order him to file an affidavit containing such particulars. (L.N. 135 of 1972; L.N. 172 of 1996)

An affidavit in reply may be filed within 14 days after service of any affidavit under paragraph (2) or within such other time as the court may fix.

Where an application is made for a settlement of property order, a variation of settlement order, a transfer of property order or an avoidance of disposition order, the application shall state briefly the nature of the settlement, variation or transfer proposed or the disposition to be set aside and the notice in Form 8, 8B or 9 as the case may be shall, unless otherwise directed, be supported by an affidavit by the applicant stating the facts relied on in support of the application. (L.N. 172 of 1996)

The affidavit in support of an application for a settlement of property order or a transfer of property order shall contain full particulars of the property in respect of which the application is made and shall contain full particulars, so far as they are known to the applicant, of the property to which the party against whom the application is made is entitled either in possession or reversion; and the affidavit in support of an application for a variation of settlement order shall contain full particulars of all settlements, whether ante-nuptial or post-nuptial, made on the spouses and of the funds brought into settlement by each spouse.

A copy of Form 8, 8B or 9, as the case may be, together with a copy of the supporting affidavit, shall be served on the following persons as well as on the respondent to the application, that is to say— (L.N. 172 of 1996)

Any person served with notice of an application to which this rule applies may, within 14 days after service, file an affidavit in answer.

An application for a variation order shall be supported by an affidavit by the applicant setting out full particulars of his property and income and the grounds on which the application is made. (L.N. 135 of 1972)

The respondent to the application may, within 14 days after service of the affidavit, file an affidavit in answer.

A person who files an affidavit for use on an application under rule 73, 74 or 75 shall at the same time serve a copy on the opposite party and, where the affidavit contains an allegation of adultery or of an improper association with a named person, then, unless otherwise directed, it shall be endorsed with a notice in Form 20 and a copy of the affidavit or of such part thereof as the court may direct, endorsed as aforesaid, shall be served on that person by the person who files the affidavit, and the person against whom the allegation is made shall be entitled to intervene in the proceedings by applying for directions under rule 77(6) within 8 days of service of the affidavit on him, inclusive of the day of service.

Rule 49(4) shall apply to a person served with an affidavit under paragraph (1) of this rule as it applies to a co-respondent.

On or after the filing of a notice in Form 8, 8B or 9 an appointment shall be fixed for the hearing of the application by the court. (L.N. 172 of 1996)

An application for an avoidance of disposition order shall, if practicable, be heard at the same time as any related application for financial provision. (L.N. 135 of 1972)

Notice of the appointment, unless given in Form 8, 8B or 9, as the case may be, shall be given by the court to every party to the application. (L.N. 172 of 1996)

Any party to an application for ancillary relief may by letter require any other party to give further information concerning any matter contained in any affidavit filed by or on behalf of that other party or any other relevant matter, or to furnish a list of relevant documents or to allow inspection of any such document, and may, in default of compliance by such other party, apply to the court for directions.

At the hearing of an application for ancillary relief the court shall, subject to rules 78, 80 and 80A, investigate the allegations made in support of and in answer to the application and may take evidence orally and may order the attendance of any person for the purpose of being examined or cross-examined, and may at any stage of the proceedings order the discovery and production of any document or require further affidavits. (L.N. 135 of 1972)

The court may at any stage of the proceedings give directions as to the filing and service of pleadings and as to the further conduct of the proceedings. (L.N. 135 of 1972)

Where any party to such an application intends on the day appointed for the hearing to apply only for directions, he shall file and serve on every party a notice to that effect.

(Repealed L.N. 325 of 1982)

The court may order the transfer to the Court of First Instance of any application for ancillary relief pending in the District Court where the transfer appears to the court to be desirable. (25 of 1998 s. 2; L.N. 26 of 2002)

(Repealed L.N. 325 of 1982)

In considering whether an application should be transferred to the Court of First Instance the court shall have regard to all relevant considerations, including the nature and value of the property involved, the relief sought and the financial limits for the time being relating to the jurisdiction of the District Court in other matters. (25 of 1998 s. 2; L.N. 26 of 2002)

(Repealed L.N. 325 of 1982)

Where pursuant to the provisions of this rule an application for ancillary relief or the cause is transferred to the Court of First Instance, the court may, on making the order for transfer, give directions as to the further conduct of the proceedings. (25 of 1998 s. 2)

(Repealed L.N. 26 of 2002)

(Repealed L.N. 325 of 1982)

An order under this rule may be made by the court of its own motion or on the application of a party, but before making an order of its own motion the court shall give the parties an opportunity of being heard on the question of transfer and for that purpose the registrar may give the parties notice of a date, time and place at which the question will be considered. (L.N. 325 of 1982)

Where an application for ancillary relief or any question arising thereon has been referred or adjourned to a judge, the registrar shall fix a date and time for the hearing or the application or the consideration of the question and give notice thereof to all parties.

The hearing or consideration shall, unless otherwise directed, take place in chambers.

Where at or after the date of a decree nisi of divorce or nullity of marriage an order for maintenance pending suit is in force, the party in whose favour the order was made may, if he has made an application for an order for periodical payments for himself in his petition, answer or joint application, as the case may be, request the registrar in writing to make such an order (in this rule referred to as a corresponding order) providing for payments at the same rate as those provided for by the order for maintenance pending suit. (L.N. 135 of 1972)

Where such a request is made, the registrar shall serve on the other spouse a notice in Form 10 or 11, as may be appropriate requiring him, if he objects to the making of a corresponding order, to give notice to that effect to the registrar and to the applicant within 14 days after service of the notice in Form 10 or 11, as may be appropriate.

If the other spouse does not give notice of objection within the time aforesaid, the registrar may make a corresponding order without further notice to that spouse and without requiring the attendance of the applicant or his solicitor, and shall in that case serve a copy of the order on the applicant as well as on the other spouse.

An application under section 17(1)(a) of the Matrimonial Proceedings and Property Ordinance (Cap. 192) for an order restraining any person from attempting to defeat a claim for financial provision or otherwise for protecting the claim shall be made to a judge. (L.N. 135 of 1972)

Rule 81 (except paragraph (2)) shall apply with the necessary modifications to the application as if it were an application for ancillary relief.

Rule 56B(2) and (3) shall not apply to an application by the respondent to a petition for divorce for the court to consider his financial position after the divorce, where the petition is presented to the court on or after the commencement* of the Matrimonial Causes (Amendment) Rules 2003 (L.N. 209 of 2003).

Subject to paragraph (4), rules 70, 71, 73, 74, 76 and 77(1), (3), (4) and (7) shall not apply to an application for ancillary relief made in relation to a petition for divorce or joint application, where the petition for divorce or joint application is presented to the court on or after the commencement* of the Matrimonial Causes (Amendment) Rules 2003 (L.N. 209 of 2003).

Insofar as—

Paragraphs (2) and (3)(c) shall not apply where—

Before any process is issued for the enforcement of an order made in matrimonial proceedings for the payment of money to any person, an affidavit shall be filed verifying the amount due under the order and showing how that amount is arrived at.

Except with the leave of the registrar, no writ of fieri facias or warrant of execution shall be issued to enforce payment of any sum due under an order for ancillary relief or an order made under the provisions of section 8 of the Matrimonial Proceedings and Property Ordinance (Cap. 192) where an application for a variation order is pending. (L.N. 135 of 1972; E.R. 4 of 2019)

In this rule and in rule 88, unless the context otherwise requires—

Where an order has been made, the court may, on an application made ex parte by the judgment creditor, direct a summons to issue to the judgment debtor to attend before the court and be orally examined on the questions—

and the court may also order the judgment debtor to produce any books or documents in the possession of the judgment debtor relevant to the questions aforesaid at the time and place appointed for examination.

An application for the issue of a judgment summons shall be in Form 22 and there shall be filed with the application the affidavit required by rule 86(1) which shall exhibit a copy of the order.

Every judgment summons shall be in Form 23 and shall be served on the judgment debtor personally not less than 10 clear days before the hearing and at the time of service there shall be paid or tendered to the judgment debtor a sum reasonably sufficient to cover his expenses in travelling to and from the court at which he is summoned to appear.

On the hearing of the judgment summons the judge may—

If the judge makes an order of commitment, he may direct its execution to be suspended on terms that the judgment debtor pays to the judgment creditor the amount due, together with the costs of the judgment summons, the interest and surcharge payable, either at a specified time or by instalments, in addition to any sums accruing due under the original order. (18 of 2003 s. 19)

All payments under a new order or an order of commitment shall be made to the judgment creditor unless the judge otherwise directs.

Where an order of commitment is suspended on such terms as are mentioned in paragraph (6)—

R.H.C. Order 38, rule 2(3) (which enables evidence to be given by affidavit in certain cases), shall apply to a judgment summons as if it were an originating summons. (25 of 1998 s. 2)

Witnesses may be summoned—

in the same manner as witnesses are summoned to give evidence on the hearing of a cause, and writs of subpoena may, for the purpose of subparagraph (a) or (b), be issued out of the registry in which the judgment summons was issued. (18 of 2003 s. 20)

Where the judgment debtor appears at the hearing, the travelling expenses paid to him may, if the judge so directs, be allowed as expenses of a witness, but if the judgment debtor appears at the hearing and no order of commitment is made, the judge may allow to the judgment debtor, by way of set-off or otherwise, his proper costs, including compensation for loss of time, as upon an attendance by a defendant at a trial in court.

Where a new order or an order of commitment is made, the registrar shall send notice of the order to the judgment debtor.

An order of commitment shall be directed to the bailiff, for execution by him.

Unless the judge otherwise directs, the judgment creditor’s costs of and incidental to the judgment summons shall be fixed without taxation in accordance with the following provisions—

An application for an order of committal in matrimonial proceedings shall be made by summons. (L.N. 325 of 1982; L.N. 26 of 2002)

R.H.C. Order 52, rule 6 (which, except in certain cases, requires an application for an order of committal to be heard in open court) shall apply to the hearing of the application mentioned in paragraph (1). (L.N. 26 of 2002)

Where by reason of illness, the existence of any vacation or otherwise, no judge is conveniently available to hear the application, then, an application for—

may be made to the registrar of the High Court who may, if satisfied of the urgency of the matter and that it is expedient to do so, make any order on the application which a judge could have made.

Any order made by the District Court in matrimonial proceedings may, on an application made ex parte by affidavit by the person entitled to enforce the order, be removed into the Court of First Instance by direction of the registrar of the District Court, if he is satisfied that the order cannot conveniently be enforced in the District Court. (L.N. 26 of 2002)

Where an order is so removed, it shall have the same force and effect and the same proceedings may be taken on it as if it were an order of the Court of First Instance.

Subject to paragraph (2), an application for an order relating to the custody or education of a child, or for an order providing for his supervision under section 48 of the Ordinance shall be made to a judge.

An application by the petitioner or the respondent or by an applicant in a joint application for— (L.N. 172 of 1996)

may be made to the registrar who may make such order on the application as he thinks fit or may refer the application or any question arising thereon to a judge for his decision. (L.N. 135 of 1976)

Without prejudice to the right of any other person entitled to apply for an order as respects a child, the guardian of any child of the family and any other person who, by virtue of an order of a court, has the custody or control of such a child or his care or supervision in pursuance of section 48 of the Ordinance may, without obtaining leave to intervene in the cause, apply by summons for such an order as is mentioned in paragraph (1).

If on any application to a judge relating to a child there is a dispute as to the care and control of or access to, the child, then, without prejudice to his powers under rules 39(5) and 41, the judge may refuse to admit any affidavit unless the party by whom or on whose behalf it was made is available at the hearing to give oral evidence and (where the cause or the application is proceeding in the Court of First Instance) a writ of subpoena to compel the attendance of a witness for the purpose of the application may issue in accordance with rule 42 without the production of the note from a judge or registrar mentioned in R.H.C. Order 32, rule 7. (L.N. 135 of 1972; 25 of 1998 s. 2)

Where an affidavit filed for use in proceedings to which this rule applies contains an allegation of adultery or of an improper association with a named person, then, unless otherwise directed, it shall be indorsed with a notice in Form 20 and a copy of the affidavit, or of such part thereof as the court may direct, indorsed as aforesaid, shall be served on that person by the person who files the affidavit, and the person against whom the allegation is made shall be entitled to intervene in the proceedings by applying for directions under paragraph (7) within 8 days of service of the affidavit on him, inclusive of the day of service. (L.N. 135 of 1972)

Rule 49(4) shall apply to a person served with an affidavit under paragraph (5) of this rule as it applies to a co-respondent.

The court may at any stage of the proceedings give directions as to the filing and service of pleadings and as to the further conduct of the proceedings. (L.N. 135 of 1972)

Subject to rule 97(2), an application for leave to remove a child permanently out of Hong Kong shall be made to a judge unless the application is unopposed, in which case it may be made to the registrar. (L.N. 135 of 1972)

(Repealed 16 of 2014 s. 21)

A judge or the registrar may at any time refer to the Director of Social Welfare for investigation and report any matter arising in matrimonial proceedings which concerns the welfare of a child.

Without prejudice to paragraph (1), any party to an application to which rule 92 applies may, before the application is heard, request the registrar to call for a report from the Director of Social Welfare on any matter arising on the application, and if the registrar is satisfied that the other parties to the application consent and that sufficient information is available to enable the officer to carry out the investigation, the registrar may refer the matter to the Director for investigation and report before the hearing.

Where a reference is made under this rule—

Every application under section 8 of the Matrimonial Proceedings and Property Ordinance (Cap. 192) shall be made by originating application, which must, unless otherwise directed, contain the information required by Form 14. (L.N. 135 of 1972)

The application may be made to the District Court and there shall be filed with the application an affidavit by the applicant verifying the statements in the application. (L.N. 78 of 1986; L.N. 26 of 2002)

The applicant shall serve a sealed copy of the application with a copy of the affidavit referred to in paragraph (2) and a notice in Form 15 with Form 4 attached, annexed to it, on the respondent. (L.N. 78 of 1986; L.N. 278 of 1989)

If the registrar does not consider it practicable to fix a day for the hearing of the application at the time when it is issued, he may do so subsequently and in that case he shall forthwith give notice of the day to all parties.

Within 14 days after the time limited for giving notice of intention to defend, the respondent shall, if he intends to contest the application, file an answer setting out the grounds on which he relies (including any allegation which he wishes to make against the applicant), and shall in any case, unless otherwise directed, file an affidavit containing full particulars of his property and income, and shall serve a copy of the answer, if any, and of the affidavit on the applicant. (L.N. 135 of 1972; L.N. 78 of 1986)

Where an answer is filed alleging adultery, the alleged adulterer shall be made a party cited and shall be served with a copy of the answer, and rules 12(6) and 14 shall apply with the necessary modifications as if the answer were a petition and the party cited were a co-respondent. (L.N. 135 of 1972)

A party cited who wishes to defend all or any of the charges made against him shall, within 21 days after the time limited for giving notice of intention to defend, file an answer to the affidavit, and shall serve a copy of the answer on the respondent. (L.N. 78 of 1986)

If the respondent does not file an affidavit in accordance with paragraph (5), the court may order him to file an affidavit containing full particulars of his property and income, and the registrar shall serve a copy of any such affidavit on the applicant.

Within 14 days after being served with a copy of any answer filed by the respondent the applicant may file a reply, and if he does so he shall serve a copy on the respondent and on any party cited in the respondent’s answer. (L.N. 135 of 1972; L.N. 78 of 1986)

Within 14 days after being served with a copy of the respondent’s affidavit the applicant may file a further affidavit as to means and as to any fact stated in the respondent’s affidavit which he wishes to dispute, and if he does so he shall serve a copy on the respondent.

No further affidavit shall be filed without leave. (L.N. 135 of 1972; L.N. 78 of 1986)

(Repealed L.N. 78 of 1986)

An application under section 15 of the Matrimonial Proceedings and Property Ordinance (Cap. 192) for the alteration of a maintenance agreement shall be made by originating application containing, unless otherwise directed, the information required by Form 16. (L.N. 135 of 1972)

The application may be filed in the District Court. (L.N. 325 of 1986; L.N. 26 of 2002)

There shall be filed with the application an affidavit by the applicant exhibiting a copy of the agreement and verifying the statements in the application. (L.N. 78 of 1986)

The applicant shall serve a sealed copy of the application, with a copy of the affidavit referred to in paragraph (3) and a notice in Form 15 with Form 4 attached, annexed to it, on the respondent. (L.N. 78 of 1986; L.N. 278 of 1989)

The respondent shall, within 14 days after the time limited for giving notice of intention to defend, file an affidavit in answer to the application containing full particulars of his property and income, and if he does not do so, the court may order him to file an affidavit containing such particulars.

A respondent who files an answer under paragraph (5) shall at the same time serve a copy thereof on the applicant. (L.N. 78 of 1986)

(Repealed L.N. 325 of 1982)

Subject to the provisions of this rule, these rules shall, so far as applicable, apply with the necessary modifications to an application under section 15 of the Matrimonial Proceedings and Property Ordinance (Cap. 192) as if the application were a cause, the originating application a petition and the applicant the petitioner. (L.N. 135 of 1972)

An application under section 16 of the Matrimonial Proceedings and Property Ordinance (Cap. 192) for the alteration of a maintenance agreement after the death of one of the parties shall be made by originating summons in Form 17. (L.N. 135 of 1972; L.N. 325 of 1982)

The summons shall be filed in the registry. (L.N. 325 of 1982; L.N. 346 of 1982)

There shall be filed in support of the summons an affidavit by the applicant exhibiting a copy of the agreement and an official copy of the grant of representation to the deceased’s estate and of every testamentary document admitted to proof and stating—

The applicant shall serve a sealed copy of the summons with a copy of the affidavit in support and an acknowledgement of service in Form 4 annexed to it on every respondent. (L.N. 78 of 1986)

(Repealed L.N. 78 of 1986)

Without prejudice to his powers under R.H.C. Order 15 (which deals with parties and other matters), the registrar may at any stage of the proceedings direct that any person be added as a respondent to an application under the last foregoing rule. (25 of 1998 s. 2)

R.H.C. Order 15, rule 13 (which enables the court to make representation orders in certain cases), shall apply to the proceedings as if they were mentioned in paragraph (1) of the said rule 13. (25 of 1998 s. 2)

A respondent who is a personal representative of the deceased shall, within 14 days after the time limited for giving notice of intention to defend, file an affidavit in answer to the application stating—

If a respondent who is a personal representative of the deceased does not file an affidavit stating the matters mentioned in paragraph (3), the registrar may order him to do so.

A respondent who is not a personal representative of the deceased may, within 14 days after the time limited for giving notice of intention to defend, file an affidavit in answer to the application.

Every respondent who files an affidavit in answer to the application shall at the same time serve a copy thereof on the applicant. (L.N. 78 of 1986)

(Repealed L.N. 325 of 1982)

Rules 76, 77(4) to (7), 80(10) and 81(1) and (2) shall apply with the necessary modifications to an application under section 16 of the Matrimonial Proceedings and Property Ordinance (Cap. 192) as if it were an application for ancillary relief. (L.N. 135 of 1972; L.N. 325 of 1982)

Subject to the provisions of this rule, these rules shall, so far as applicable, apply with the necessary modifications to an application under section 16 of the Matrimonial Proceedings and Property Ordinance (Cap. 192) as if the application were a cause, the originating summons a petition and the applicant the petitioner. (L.N. 135 of 1972)

An application under section 38 of the Ordinance by the former spouse of a deceased person for an order that reasonable provision for his or her maintenance be made out of the net estate of the deceased shall be made by originating summons in Form 18. (L.N. 325 of 1982)

There shall be filed in support of the summons an affidavit by the applicant exhibiting an official copy of the grant of representation to the deceased’s estate and of every testamentary document admitted to proof and stating—

The procedure on an application to which this rule applies shall be the same as on an application to which rule 101 applies and paragraph (4) of that rule and rule 102 shall apply accordingly with any necessary modifications. (L.N. 78 of 1986)

On the hearing of the application the personal representatives shall produce to the judge the grant of representation to the deceased’s estate and, if an order is made, the grant shall remain in the custody of the court until a memorandum of the order has been endorsed thereon or permanently affixed thereto.

An application for leave to apply for an order for financial relief under section 29AC of the Matrimonial Proceedings and Property Ordinance (Cap. 192) must be—

The affidavit in support must give particulars of the judicial or other proceedings by means of which the marriage to which the application relates was dissolved or annulled, or by means of which the parties to the marriage were legally separated, and must state, so far as is known to the applicant—

The registrar must fix a date, time and place for the hearing of the application by a judge in chambers and give notice of the hearing to the applicant.

An application for an order for financial relief under section 29AB of the Matrimonial Proceedings and Property Ordinance (Cap. 192) must be made by originating summons in Form 28. At the same time, the applicant must, unless the registrar otherwise directs, file in the registry an affidavit in support of the summons giving full particulars of his or her property and income.

The applicant must serve a sealed copy of the originating summons on the respondent, together with—

For the purposes of an application made under this rule, rule 15 applies in relation to the acknowledgment of service as if the references in paragraph (1) of rule 15 to “Form 4” and in paragraph (2) of rule 15 to “8 days” were, respectively, references to “Form 29” and “31 days”. (E.R. 4 of 2019)

Rules 72, 77(6) and 81 apply, with the necessary modifications, to an application made under this rule as they apply to an application for ancillary relief made by notice in Form 8 or 8B.

The court may order the attendance of any person for the purpose of being examined or cross-examined and the discovery and production of any document.

If the respondent intends to contest the application, the respondent must—

The application must be determined by a judge.

An application for an interim order for maintenance under section 29AD of the Matrimonial Proceedings and Property Ordinance (Cap. 192) or for an order under section 29AJ of that Ordinance must be made, unless the court otherwise directs, in the originating summons under rule 103B.

An application for an order under section 29AJ of the Matrimonial Proceedings and Property Ordinance (Cap. 192) must be supported by an affidavit, which may be the affidavit filed under rule 103B, stating the facts relied on.

If the respondent intends to contest the application, the respondent must—

In respect of an application for an order under section 29AJ of the Matrimonial Proceedings and Property Ordinance (Cap. 192), the court may give any direction or make any appointment that it is empowered to give or make by rule 103B(4), and rule 74 applies, with the necessary modifications, to an application for such an order as it applies to an avoidance of disposition order.

An application for an order under section 29AJ of the Matrimonial Proceedings and Property Ordinance (Cap. 192) must be determined by a judge.

An application for an order preventing a transaction under section 29AK of the Matrimonial Proceedings and Property Ordinance (Cap. 192) must be—

The applicant must serve a sealed copy of the originating summons on the respondent, together with—

For the purposes of an application made under this rule, rule 15 applies in relation to the acknowledgment of service as if the references in paragraph (1) of rule 15 to “Form 4” and in paragraph (2) of rule 15 to “8 days” were, respectively, references to “Form 29” and “31 days”. (E.R. 4 of 2019)

If the respondent intends to contest the application, the respondent must—

The application must be determined by a judge.

Rule 81 applies, with the necessary modifications, to the application as if it were an application for ancillary relief.

In this rule—

A person under disability may begin and prosecute any matrimonial proceedings by his next friend and may defend any such proceedings by his guardian ad litem and, except as otherwise provided by this rule, it shall not be necessary for a guardian ad litem to be appointed by the court.

No person’s name shall be used in any proceedings as next friend of a person under disability unless he is the Official Solicitor or the documents mentioned in paragraph (7) have been filed. (98 of 1991 s. 9)

Where a person entitled to defend any matrimonial proceedings is a mentally disordered person, then—

and there shall be filed in support of any application under this paragraph the documents mentioned in paragraph (7).

Where a petition, answer, originating application or originating summons has been served on a person whom there is reasonable ground for believing to be a person under disability and no notice of intention to defend has been given, or answer or affidavit in answer filed, on his behalf, the party at whose instance the document was served shall, before taking any further step in the proceedings, apply to a court for directions as to whether a guardian ad litem should be appointed to act for that person in the cause, and on any such application the court may, if it considers it necessary in order to protect the interests of the person served, order that some proper person be appointed his guardian ad litem. (L.N. 135 of 1972; L.N. 325 of 1982)

No notice of intention to defend shall be given, or answer or affidavit in answer filed, by or on behalf of a person under disability unless the person giving the notice or filing the answer or affidavit—

The documents referred to in paragraphs (3), (4) and (6) are—

Where a document to which rule 6(3)(b) or 14 applied is required to be served on a person under disability within the meaning of the last foregoing rule, it shall be served— (L.N. 135 of 1972)

Provided that the court may order that a document which has been, or is to be, served on the person under disability or on a person other than one mentioned in subparagraph (a) or (b) shall be deemed to be duly served on the person under disability.

Where a document to which rule 14 applies is served in accordance with paragraph (1), it shall be endorsed with a notice in Form 19; and after service has been effected the person at whose instance the document was served shall, unless the Official Solicitor is the guardian ad litem of the person under disability or the court otherwise directs, file an affidavit by the person on whom the document was served stating whether the contents of the document were, or its purport was, communicated to the person under disability and, if not, the reasons for not doing so. (98 of 1991 s. 9)

Where a petition for nullity of marriage has been presented on the ground that the respondent at the time of the marriage was of unsound mind or suffering from mental disorder of such a kind or to such an extent as to be unfitted for marriage and the procreation of children, or was subject to recurrent attacks of insanity or epilepsy, then, whether or not the respondent gives notice of intention to defend, the petitioner shall not proceed with the cause without the leave of the court. (L.N. 325 of 1982)

The court by which an application for leave is heard may make it a condition of granting leave that some proper person be appointed to act as guardian ad litem of the respondent.

Without prejudice to rule 72, if in any matrimonial proceedings it appears to the court that any child ought to be separately represented, the court may—

The applicant for an order under paragraph (1)(b) shall, on making the application, file a certificate by a solicitor certifying that the person named in the certificate as the proposed guardian ad litem has no interest in the proceedings adverse to that of the child and that he is a proper person to be such guardian.

Any document in matrimonial proceedings may be served out of Hong Kong without leave either in the manner prescribed by these rules or where the proceedings are pending in the Court of First Instance or in the District Court, in accordance with R.H.C. Order 11, rules 5 and 6 (which relate to the service of a writ abroad). (L.N. 26 of 2002)

Where the document is served in accordance with R.H.C. Order 11, rules 5 and 6, those rules and rule 8 of the said Order 11 (which deals with the expenses incurred by the Chief Secretary for Administration) shall have effect in relation to service of the document as they have effect in relation to service of notice of a writ, except that the official certificate of service referred to in paragraph (5) of the said rule 5 shall, if the document was served personally, show the server’s means of knowledge of the identity of the person served. (L.N. 362 of 1997)

Where a petition is to be served on a person out of Hong Kong, then—

Where a document specifying the date of hearing of any proceedings is to be served out of Hong Kong, the date shall be fixed having regard to the time which would be limited under paragraph (3)(a) for giving notice of intention to defend if the document were a petition.

Where any document is required to be served on a party in any matrimonial proceeding—

Where the document required to be served under paragraph (1) is an order, paragraph (1) is without prejudice to the provisions of any other rule or enactment for the purpose of which an order is required to be served in a particular way.

Where a decree or order requires a person to do or abstain from doing an act, the copy required by R.H.C. Order 45, rule 7 to be served on the person mentioned in those rules may either, subject to paragraph (1)(a), be served on him personally or be delivered to his solicitor. (25 of 1998 s. 2)

Where service has been effected under these rules of any document in respect of which—

due service shall be proved by filing an affidavit of service, the contents of which shall be in accordance with R.H.C. Order 65, rule 8. (25 of 1998 s. 2)

Paragraph (1) shall not be taken or construed to the prejudice of the provisions of rule 14(5) and (6) whereby a petition is deemed to be served, the provisions of rule 14(7) relating to proof of service of a petition, or the provisions of rule 106 relating to proof of service on a person under a disability.

Any party may appeal from a judgment or final decision made or given by the registrar of the District Court in matrimonial proceedings pending in the District Court to a judge on notice filed within 5 days after the order or decision was made or given and served not less than 2 clear days before the day fixed for hearing of the appeal, which shall be heard in chambers unless the judge otherwise orders. (L.N. 26 of 2002)

Except so far as may be otherwise ordered, an appeal under paragraph (1) shall not operate as a stay of proceedings on the order or decision appealed against.

A party to any matrimonial proceedings or his solicitor or the Secretary for Justice may have a search made for, and may inspect and bespeak a copy of, any document filed or lodged in the registry in those proceedings. (L.N. 135 of 1972; 25 of 1998 s. 2)

Except as provided by rules 47A(3) and 95(3) and paragraph (1) of this rule, no document filed or lodged in the registry, other than a decree or order made in open court, shall be open to inspection by any person without leave of the court, and no copy of any such document, or of an extract from any such document, shall be taken by, or issued to, any person without such leave. (L.N. 123 of 1974; L.N. 325 of 1982)

A petition under section 49 of the Ordinance shall, in addition to stating the grounds on which the petitioner relies, set out the date and place of birth of the petitioner and the maiden name of his mother, and, if the petitioner is known by a name other than that which appears in the certificate of his birth, that fact shall be stated in the petition and in any decree made thereon.

The petition shall be supported by an affidavit by the petitioner verifying the facts of which he has personal knowledge and deposing as to his belief in the truth of the other facts. The affidavit shall be contained in the same document as the petition and shall follow at the foot or end thereof.

When the petition has been filed, notice of filing shall be given by the petitioner to the Law Officer (Civil Law), who may within 8 days enter an appearance to the petition.

After the expiration of the time limited for appearance by the Law Officer (Civil Law), the petitioner shall issue and serve upon the Law Officer (Civil Law) an application for directions as to what parties other than the Law Officer (Civil Law) shall be served with the petition. Such application shall be supported by an affidavit setting out particulars of all persons whose interests may be affected by the legitimation of the petitioner, and their relationship to the petitioner.

The petitioner shall serve the persons directed to be served with a copy of the petition, endorsed with a notice of proceedings in accordance with Form 3, a form of acknowledgment of service in accordance with Form 4. Service shall be effected and proof of service shall be given in the manner provided for by rules 14 and 15 in the case of service of a copy of a petition on a respondent. Such persons on filing an answer shall send a copy of the answer to the petitioner or his solicitor and to the Law Officer (Civil Law). (L.N. 346 of 1982)

The Law Officer (Civil Law) shall, within 14 days after the order for directions has been made, file his answer to the petition and deliver a copy thereof to the petitioner or his solicitor.

Where it appears that more than one petition has been filed on behalf of petitioners claiming to be children of the same father and mother, the Law Officer (Civil Law) may, on giving notice to the petitioner or his solicitor in each proceeding which it is sought to consolidate, apply at any time after he has entered an appearance for an order that the proceedings be consolidated.

These rules shall apply to matrimonial proceedings which are pending when these rules come into operation, subject to such modifications as in the opinion of the court the circumstances may require.

(Repealed L.N. 325 of 1982)

These rules, as amended by the Matrimonial Causes (Amendment) Rules 1982 (L.N. 325 of 1982), shall apply to matrimonial proceedings which are pending when the Matrimonial Causes (Amendment) Rules 1982 (L.N. 325 of 1982) come into operation^#.

Any cause begun by petition which is pending in the Court of First Instance and in respect of which the hearing of evidence has not commenced when the Matrimonial Causes (Amendment) Rules 1982 (L.N. 325 of 1982) come into operation^# shall be transferred to the District Court, unless any party applies for the cause to be continued in the Court of First Instance. (L.N. 26 of 2002)

Subject to paragraph (2), these rules shall continue to apply to and in relation to proceedings commenced, and orders and decrees made, prior to the commencement^# of the Matrimonial Causes (Amendment) (No. 2) Rules 1986 (L.N. 78 of 1986) (the amending rules) as if the amending rules had not been made.

The amendments effected by the amending rules in so far as they affect decrees and orders shall apply to and in relation to any decree or order made after the commencement^# of the amending rules notwithstanding that the proceedings in which such decree or order is made was commenced prior to the commencement of the amending rules.

(L.N. 78 of 1986)