Assuming Alexandra Does Not Wish To Divorce Simon:

3067 words - 13 pages

-Whether Alexandra can get financial support for herself and the children from Simon and what types of financial support?Entitlement to the Application for Financial SupportBefore discussing what types of financial support Alexandra can get, we should first examine whether Alexandra is qualified to apply for such provision. The Separation and Maintenance Orders Ordinance (SMOO) provides that a 'married person' may apply. Section 2 of the SMOO states that a 'married person' means a husband or a wife. A husband means 'the husband or partner of a wife or married woman'. Further, a wife and a married woman means the wife or partner of a man by a marriage celebrated or contracted in accordance ...view middle of the document...

1.3 Type(s) of Financial Support that may be GrantedWhen the court is satisfied of the ground in S3(1)(e) SMOO or S8(1)(a) MPPO, the financial provision that Alexandra and her children entitled may be as follows:Under S5(1) SMOO that:A. Simon shall pay to Alexandra such lump sum or periodical payments, or both, as the court considers reasonable having regard to the means of both parties. A lump sum order may be made for the purpose of enabling any liabilities or expenses reasonably incurred in maintaining Alexandra before the making of the order;B. Simon shall pay to Alexandra, for the benefit of the children, such lump sum or periodical payments for the maintenance and education of the children of the marriage committed to Alexandra's custody that the court considers reasonable having regard to the means of both parties. However, a lump sum order can only be made for the purpose of providing for the immediate and non-recurring needs of the children, or of enabling any liabilities or expenses reasonably incurred in maintaining the children before the making of the order, or both;C. Costs of the application;Under S3 MPPO that:A. Only periodical payments from Simon for Alexandra's maintenance and for such term, being a term beginning not earlier than the date of the presentation of the petition and ending with the date of the determination of the Maintenance Pending Suit, as the court thinks reasonable;Under S8(5) MPPO that:A. An interim order for periodical payments where Alexandra and the children are in immediate need of financial assistance, but it is not yet possible to determine what order, if any, should be made;Under S8(6) MPPO that:A. A periodical payments to Alexandra from Simon;B. A secured periodical payments to Alexandra from Simon;C. A lump sum to Alexandra from Simon;D. A periodical payments to Alexandra or to those children, for the benefit of the children, from Simon;E. A secured periodical payments to Alexandra or to those children, for the benefit of the children, from Simon;F. A lump sum to Alexandra or to those children, for the benefit of the children, from Simon; the lump sum may be made for the purpose of enabling any liabilities or expenses reasonably incurred in maintaining the child before the application and may be paid in instalments;Under S10(2) Guardianship of Minors Ordinance that:A. A lump sum payment for the immediate and non-recurring needs of the minor or for the purpose of enabling any liabilities or expenses reasonably incurred in maintaining the minor;B. periodical payments towards the maintenance of the minor;C. secured periodical payments towards the maintenance of the minor;D. Transfer to Alexandra for the benefit of the minor or to the minor of Misrul;E. An order requiring Simon to settle for the benefit of the minor of such overdraft.2. Whether Simon can be forced to support their unborn child?2.1 Maintenance for Unborn ChildA child must be in existence for it to be treated as a child of the family....

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