Civil Code (Cap. 16), article 47A

47A. (1) When in accordance with article 46, during the time when the cause for separation is pending, one of the parties le aves the matrimonial home, such party may , both before and after leaving the matrimonial home, request the court to authorise that a reasona ble amount of expenses which the sai d party shall have incurred or is going to incur in order to reside elsewhere be withdrawn from t he community of acquests without the need of consent of the other party, and the requesting party shall al so be exempt from the obligati on to obtain the consent of the other party in order to enter into a lease agreement or into another agreement for the temporary occupatio n of such alternative residence. (2) The Court shall accede to a request made in terms of sub- article (1) only if in its opi nion the following conditions are satisfied: (a) the departure from the matrimonial home and the expenses incurre d or to be incurred for the purpose are justifi ed and proportionate to all the ci rcumstances of the parties; (b) the amount of expenses requested to be withdrawn from the community of acquests shall be disbursed from funds directly received or i n the possession of the party making the request; (c) the expenses are to be incurred for the benefit of the party making the request and, if applicable, of the childre n of such party: CIVIL CODE [CAP. 16. 23 Provided that if another person is also to benefit from the said expenses, the authorised amount may be reduced in such man ner as the court considers proporti onate in the circumstances. (3) The authorisation of the court granted under this article ma y be made subject to conditions as the court considers appropriate which may also include conditions on the effect of such authorisation on the eventual dissolution of the community of acquests. Consequences for spouse giving cause to separation. Amended by: XXI.1993.29.