Assuming Alexandra does not wish to divorce Simon:

Essay by tonymeg May 2004

download word file, 11 pages 5.0

Downloaded 22 times

-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 Support

Before 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 with the Marriage Ordinance. Since Simon and Alexandra married in 1983, it must be contracted only in accordance with the provisions of the Marriage Ordinance and will be monogamous. As a result, Alexandra is qualified to make such application for financial support.

1.2 Successfulness of the Application

As stated in the case, Simon has never moved to Misrul in which Alexandra and the children lived and declared his intention of entering a monastery; it seems that Simon has wilfully neglected to provide reasonable maintenance for Alexandra and the children of the family, and it is unlikely that he would do so in the future.

Therefore, if Alexandra does not wish to divorce Simon, I think Alexandra may apply, under S3(1)(e) SMOO and S8(1)(a) Matrimonial Proceedings and Property Ordinance (MPPO) and get financial support for herself and the children from Simon. Section 3(1)(e) SMOO states that a person may apply for maintenance if his/her spouse has failed to provide reasonable maintenance for the other party to the marriage or reasonable maintenance and education for that party's children whom the married person is legally liable to maintain.