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Chapter: | 192
 | Title: | MATRIMONIAL PROCEEDINGS AND PROPERTY ORDINANCE | Gazette Number: | L.N. 175 of 2010 |
| Section: | 29AK | Heading: | Prevention of transactions intended to defeat prospective applications for financial relief | Version Date: | 01/03/2011 |
(1) The court may make an order under subsection (2) if, on an application by a party to a marriage for the order, it appears to the court¡X
- (a) that the marriage has been dissolved or annulled, or that the parties to the marriage have been legally separated, by means of judicial or other proceedings in a place outside Hong Kong;
(b) that the divorce, annulment or legal separation is recognized as valid by the law of Hong Kong;
(c) that the applicant intends to apply for leave to make an application for an order for financial relief as soon as he or she has been habitually resident in Hong Kong throughout a period of 3 years immediately before the date of the application; and
(d) that the other party to the marriage is, with the intention of defeating the claim for financial relief, about to make any disposition or to transfer out of the jurisdiction or otherwise deal with any property.
(3) If an application is made under subsection (1) with respect to a disposition or other dealing with property that is about to take place and the court is satisfied that the disposition or other dealing would (apart from this section) have the consequence of defeating the applicant¡¦s claim for financial relief, it is to be presumed, unless the contrary is shown, that the person who is about to dispose of or deal with the property is about to do so, with the intention of defeating the applicant¡¦s claim for financial relief.
(4) In this section, any reference to defeating a claim by a party to a marriage for financial relief is a reference to¡X
- (a) preventing financial relief from being granted or reducing the amount of relief that might be granted; or
(b) frustrating or impeding the enforcement of any order that might be made under section 29AG.