单词 | Joint application |
释义 | 共同申請 In family law, an application, usually for the dissolution of a marriage, filed by more than one party, where the parties to the marriage have lived apart for a continuous period of at least one year immediately preceding the making of the application, and that not less than one year prior to the making of the application a notice signed by each of the parties was given to the court and that the notice was not subsequently withdrawn: Matrimonial Causes Ordinance (Cap 179) s 11B(2)(a), (3)(a). A joint application is made by originating application and is presented to the District Court. It must contain: (1) names of the parties and the place and date of the marriage; (2) statement that either of the parties is domiciled in Hong Kong or had substantial connection with Hong Kong on the date of application; (3) statements as to the children if any; (4) whether there was any previous proceeding with reference to the marriage or children and any decree or order was made in that proceeding, and whether there has been any resumption of cohabitation since that decree or order; (5) statement as to details of agreement between the parties for the support of the respondent and the children if any, or no such agreement has been made: Halsbury’s Laws of Hong Kong, Vol 12, Family Law [180.198]-[108.202]. 在家庭法中,通常指婚姻解除的申請,由多於一方提交,當婚姻雙方在緊接申請提出前,已分開居住最少連續1年;及在申請提出前不少於1年,法院接獲一份經婚姻雙方簽署的通知書,而該通知書其後並未遭撤回:《婚姻訴訟條例》(第179章)第11B(2)(a)、11B(3)(a)。共同申請必須以原訴申請書,並向區域法院提出。申請書須包括(1)結婚雙方的姓名及結婚日期;(2)在申請提出當日,婚姻的任何一方以香港為居籍或婚姻的任何一方與香港有密切聯繫的陳述書;(3)子女(如有的話)的陳述書;(4)之前是否有與婚姻或子女有關的處事程序,以及有否在該程序中作出任何判令或命令;(5)雙方就支持應訴人及子女(如有的話)所作出的協議細節,或沒有作出任何協議的陳述書:Halsbury’s Laws of Hong Kong, 第12冊,家庭法,第[180.198]-[108.202]段。 |
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