### Matrimonial Causes Ordinance 《婚姻訴訟條例》

13. Divorce not precluded by previous judicial separation*
(1) A person shall not be prevented from presenting or making a petition or application for divorce, or the court from granting a decree of divorce, by reason only that the petitioner or an applicant or respondent has at any time, on the same facts or substantially the same facts as those proved in support of the petition or application, been granted a decree of judicial separation or an order under, or having effect as if made under, the Separation and Maintenance Orders Ordinance (Cap. 16). 
(2) In a case to which subsection (1) applies the court may treat the decree of judicial separation or the order described in that subsection as sufficient proof of the ground on which it was granted; provided that in such a case the court shall not grant a decree of divorce without receiving evidence from the petitioner or, if the case is an application for divorce, evidence from both of the applicants unless, in such a case, the court considers it reasonable in the particular circumstances to receive evidence from 1 only of those applicants. 
(Replaced 29 of 1995 s. 9) Editorial Note:

* Section 13(3) (repealed by section 9 of 29 of 1995) and the related saver provisions (set out in section 18 of 29 of 1995) are reproduced below:   The repealed section 13(3) reads as follows—    “(3)   For the purposes of a petition for divorce in such a case, a period of desertion immediately preceding the institution of proceedings for a decree of judicial separation or for such an order as aforesaid having the effect of a decree of judicial separation shall, if the parties have not resumed cohabitation and the decree or order has been continuously in force since it was granted, be deemed immediately to precede the presentation of the petition.”.   Section 18 of 29 of 1995 reads as follows—    “18.    Saver       Where immediately before the commencement# of this Ordinance section 13(3) of the principal Ordinance applied to a particular period of desertion, that section shall continue so to apply as if section 9 of this Ordinance had not been enacted.”.   #commencement date: 24 June 1996. 

### Matrimonial Causes Ordinance 《婚姻訴訟條例》

14. Alleged adulterer as a party
(1) Where in a petition for divorce one party to the marriage alleges that the other has committed adultery, the party making the allegation shall make the person alleged to have committed adultery with the other party to the marriage a party to the proceedings unless excused by the court on special grounds from doing so. 
(2) Rules of court may, either generally or in such cases as may be prescribed by the rules, exclude the application of subsection (1) where the person alleged to have committed adultery with the other party to the marriage is not named in the petition. 
(3) Where in pursuance of subsection (1) a person is made a party to a petition for divorce, the court may, if, after the close of the evidence on the part of the person making the allegation of adultery, it is of opinion that as regards the allegation there is not sufficient evidence against the person so made a party, dismiss him or her from the suit. 
(4) (a) Rules of court may make provision, in cases not falling within subsection (1), with respect to the joinder as parties to proceedings under this Ordinance of persons involved in allegations of adultery made in those proceedings, and with respect to the dismissal from such proceedings of any party so joined. 
(b) Rules of court made by virtue of this subsection may make different provision for different cases. 
(Replaced 29 of 1995 s. 9)

### Matrimonial Causes Ordinance 《婚姻訴訟條例》

15. Hearing of petition
(1) In any proceedings for divorce it shall be the duty of the court to inquire, in so far as it reasonably can, into any facts alleged by any party to the proceedings. (Replaced 29 of 1995 s. 10)
(2) If the court is satisfied on the evidence of any such fact as is mentioned in section 11A(2) or 11B(2), then unless it is satisfied on all the evidence that the marriage has not broken down irretrievably, it shall, subject to subsection (3) of this section, grant a decree nisi of divorce. (Amended 29 of 1995 s. 17) [cf. 1969 c. 55 s. 2(3) U.K.]
(3) If it appears to the court, at the hearing of a petition for divorce presented in pursuance of leave granted under section 12(2), that the leave was obtained by the petitioner by any misrepresentation or concealment of the nature of the case, the court may—
(a) dismiss the petition, without prejudice to any petition which may be brought after the expiration of the period of 1 year from the date of the marriage upon the same facts, or substantially the same facts, as those proved in support of the dismissed petition; or (Amended 29 of 1995 s. 10)
(b) if it grants a decree, direct that no application to make the decree absolute shall be made during that period. [cf. 1965 c. 72 s. 5(5) U.K.]
(4) If in any proceedings for divorce the respondent alleges against the petitioner and proves any such fact as is mentioned in section 11A(2), the court may give to the respondent the relief to which the respondent would have been entitled if the respondent had presented a petition seeking that relief. (Amended 29 of 1995 s. 17) [cf. 1965 c. 72 s. 5(6) U.K.]
(5) Every decree of divorce shall in the first instance be a decree nisi and shall not be made absolute before the expiration of 3 months from its grant, unless the Chief Judge by general order, or the court in any particular case, fixes a shorter period. (Amended 10 of 2005 s. 12) [cf. 1965 c. 72 s. 5(7) U.K.] 
(Replaced 33 of 1972 s. 6)