### Matrimonial Causes Rules 《婚姻訴訟規則》

5. Application under section 12 of the Ordinance
(1) 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) 
(2) The application shall be filed in the District Court, together with— (L.N. 26 of 2002) 
(a) an affidavit by the applicant exhibiting a copy of the proposed petition and stating—
(i) the grounds of the application; 
(ii) particulars of the hardship or depravity alleged; 
(iii) whether there has been any previous application under the said section 12; 
(iv) whether any, and if so what, attempts at reconciliation have been made; 
(v) particulars of any circumstances which may assist the court in determining whether there is a reasonable probability of reconciliation between the parties; 
(vi) the date of birth of each of the parties or, if it be the case, that he or she has attained 21; and 
(b) (Repealed L.N. 78 of 1986) (c) unless otherwise directed on an application made ex parte, a certificate of the marriage. 
(3) 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) 
(4) (Repealed L.N. 325 of 1982) (5) The application shall be heard by a judge and shall, unless otherwise directed, be heard in chambers. 
(6) 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.

### Matrimonial Causes Rules 《婚姻訴訟規則》

7. Discontinuance of cause before service of petition
Before a petition is served on any person, the petitioner may file a notice of discontinuance and the cause shall thereupon stand dismissed.

### Matrimonial Causes Rules 《婚姻訴訟規則》

11. Signing of petition and joint application
(1) 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) 
(2) Every joint application shall be signed—
(a) where a particular solicitor acts for a particular applicant, by that solicitor in his own name or in that of his firm; and 
(b) where either or both of the applicants apply in person, by every applicant so applying. (L.N. 172 of 1996)

### Matrimonial Causes Rules 《婚姻訴訟規則》

13. Parties
(1) 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—
(a) that person is not named in the petition; or 
(b) the court otherwise directs. (L.N. 172 of 1996) 
(2) 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)
(3) An application for directions under paragraph (1) or (2) may be made ex parte if no notice of intention to defend has been given. 
(4) This rule does not apply where the alleged adulterer, adulteress or person named has died before the filing of the petition. 

### Matrimonial Causes Rules 《婚姻訴訟規則》

15. Notice of intention to defend
(1) 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. 
(2) 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. 
(3) 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. 
(4) 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.

15A. Notice of absence or withdrawal of consent
(1) 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. 
(2) 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. 
(L.N. 135 of 1972; L.N. 172 of 1996)

15B. Respondent’s statement as to arrangements for children
A respondent spouse on whom there is served a statement in accordance with rule 9(3) may, at any time before the judge makes an order under section 18 of the Matrimonial Proceeding and Property Ordinance (Cap. 192), file in the court office a written statement of his views on the present and proposed arrangements for the children, and serve a copy thereof on the petitioner. 
(L.N. 135 of 1972; L.N. 78 of 1986)

### Matrimonial Causes Rules 《婚姻訴訟規則》

15C. Notice of withdrawal from joint application
(1) 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. 
(2) 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. 
(L.N. 172 of 1996)

16. Supplemental petition and amendment of petition
(1) A supplemental petition may be filed only with leave.
(2) A petition may be amended without leave before it is served but only with leave after it has been served.
(3) Subject to paragraph (4), an application for leave under this rule—
(a) may, if every opposite party consents in writing to the supplemental petition being filed or the petition being amended, be made ex parte by lodging in the registry the supplemental petition or a copy of the petition as proposed to be amended, and
(b) shall, in any other case, be made on notice (or in the Court of First Instance by summons), to be served, unless otherwise directed, on every opposite party. (L.N. 346 of 1982; 25 of 1998 s. 2)
(4) The registrar may, if he thinks fit, require an application for leave to be supported by an affidavit.
(5) An order granting leave shall—
(a) where any party has given notice of intention to defend, fix the time within which his answer must be filed or amended;
(b) where the order is made after directions for trial have been given, provide for a stay of the hearing until after the directions have been renewed.
(6) An amendment authorized to be made under this rule shall be made by filing a copy of the amended petition.
(7) Rules 11 and 13 shall apply to a supplemental or amended petition as they apply to the original petition.